These Terms of Use (“Terms”) govern your use of the www.tuneoutdoor.com website (the “Website”), any communications or deposits (“Deposits”) made through the Website, and any other merchandise, products or services, including campers, provided or sold by Tune Outdoor LLC (“Tune Outdoor” “us” “we” and “our”) through the Website (collectively, the “Products”) that are not subject to a separate agreement between you and Tune Outdoor. By accessing the Website, placing a Deposit, purchasing a Product, or otherwise communicating with Tune Outdoor concerning Tune Outdoor, the Website, or the Products, you (“you”) agree that these Terms of Use form a binding agreement between you and Tune Outdoor.
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not use or access the Website. These Terms are not to be considered an offer and no contractual relationship for the provision of Products or services by Tune Outdoor shall exist until Tune accepts in writing a customer’s offer to purchase Products or services as provided herein or in other applicable documents.
We reserve the right to update, change or replace any part of these Terms by posting updates and/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.
Tune M1 campers will not be scheduled for production until a final invoice is paid in full. We do not offer payment plans on any of our Products, although any available third party partner offers can be found on the Website.
If you choose to cancel your Tune M1 camper order after paying the final invoice, you will be liable for a 20% Custom Product fee given both Tune Outdoor’s expense in preparing your build and the risk in finding another customer.
We actually build our campers to fit your truck, so cancellation is costly for us. We allocate materials, order components from third parties and schedule manufacturing resources to your custom Product when we take payment and schedule the install. This fee also covers costs related to the financial transaction and time to pay a refund and reschedule production resources.
Above all else, we believe in what we build and want you to as well. If your product is somehow damaged or defective at install, we will support you to repair or replace damaged components quickly. You will be offered the choice to repair yourself guided by our support team (fastest), or to schedule an appointment at a licensed service location or by a licensed Tune technician.
All other Products, merchandise, or third party products purchased on the Website are final sale and non-refundable.
Tune Outdoor will install your camper onsite at our location in Denver, Colorado, or at an affiliate partner. You are responsible for scheduling a time when Tune Outdoor personnel are available to install your camper. You agree only to use the Products as installed, and hereby agree that Tune Outdoor shall not be liable for any alterations, modifications, unauthorized installations, or any other unauthorized uses of the Products not strictly as specified and installed by Tune Outdoor.
By agreeing to these Terms, 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 connection with the use of the Website, 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 or otherwise use or access the Website in a manner that impairs its functionality A breach or violation of any of the Terms will result in an immediate termination of your use and access to this website.
We may contact you by email, telephone, text message or otherwise, in order to send you Website, Product-related, and other communications or notices. If you do not want to receive these communications from us, you may opt-out by following the opt-out and/or unsubscribe instructions in the message (if included), or by requesting to be opted-out of further communication by emailing: info@tuneoutdoor.com. Please note that opting out may prevent you from receiving communications regarding opportunities, updates, or other offers provided by Tune Outdoor.
Text Messages: When you create and account on the Website or place an order, you may provide Tune Outdoor with your phone number in order to allow Tune Outdoor to contact you concerning your order or any Products you have purchased, as well as for marketing and updates concerning Tune Outdoor. If your order requires text messaging from Tune Outdoor to be completed, we will notify you and collect your consent when placing an order. If Tune Outdoor intends to send you other communications not related to your orders, such as marketing or company updates, we will notify you and collect your consent for those communications as well. To opt-out of any type of text messages from Tune Outdoor, you may respond by texting “STOP” to any message you receive from Tune Outdoor.
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. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this Website except in connection with your use of the website or services offered herein, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete or current. The material on the Website 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 website is at your own risk.
The Website 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 the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website, our Products or services (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 Products or services.
Certain Products or services may be available exclusively online through the Website. We have made every effort to display as accurately as possible the colors and images of our Products. 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 our sole discretion. 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 Website or services will be corrected.
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, and/or orders that use the same billing and/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 e‑mail and/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 or ACH information or both, so that we can complete your transactions and contact you as needed.
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on the Website 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.
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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Website. You may not use a false e‑mail 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.
Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy is located on our website.
Occasionally there may be information on our website 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 on the 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 Website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Website, should be taken to indicate that all information in the Website has been modified or updated.
The Tune Outdoor name and logo, and all other trademarks, service marks, and trade names appearing on this Website (collectively, “Marks”) are owned by Tune Outdoor or other third parties. Unauthorized use of any Marks may be a violation of federal and state trademark laws.
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) including, without limitation, text, video, graphics, logos, button icons, images, digital downloads, data compilations, and software, the compilation of all Content on this Website, and all software used on this Website are the property of Tune Outdoor or its Content suppliers and protected by United States and international copyright laws. Nothing in these Terms or on the Website grants you any right or license to make any use of any materials or Marks on this Website, and Tune Outdoor reserves all such rights other than as specifically described herein. Notwithstanding any copyright notices to the contrary, no copyright is claimed in the text, images, logos, or names of certain public domain or authorized third party information available through the Website.
In addition to other prohibitions as set forth in the Terms you are prohibited from using the Website 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 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; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Website for indefinite periods of time at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the website 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 Tune Outdoor, 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 Website, service or any products procured using the website , or for any other claim related in any way to your use of the Website 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 Website or any content (or product) posted, transmitted, or otherwise made available via the Website, 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.
You agree to indemnify, defend and hold harmless Tune Outdoor and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 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 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado without respect to conflicts of laws principles.
Questions about these Terms should be sent to us at CustomerService@tuneoutdoor.com.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Tune Outdoor by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tune Outdoor, or its third party service providers, to locate the material;
(d) Information reasonably sufficient to permit Tune Outdoor, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Hold Harmless (Indemnity) Agreement (this “Agreement”) is made between ("Indemnitor" ), and Tune Outdoor ("Indemnitee”). Indemnitor and Indemnitee may be referred to individually as “Party” and collectively as “Parties”.
NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Indemnitor and Indemnitee agree as follows:
1. Indemnification. To the extent permitted by law, Indemnitor will indemnify, defend and hold harmless Indemnitee from any and all claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs and expenses, including attorney’s fees and other expenses, (collectively, a “Claim”) arising out of or relating to any act or omission by the Indemnitor in connection with the us.
2. Exceptions. Indemnitor’s obligation to indemnify, defend and hold harmless Indemnitee shall not extend to any Claim arising from the sole negligence or willful misconduct of Indemnitee. Indemnitor is not obligated to indemnify Indemnitee against any Claim to the extent the Indemnitee has been reimbursed for such Claim under an insurance policy.
3. Notice of Claim. Indemnitee must provide Indemnitor notice of any Claim within fourteen (14) business days after obtaining knowledge of such Claim. Such notice will set forth in detail the Claim and the basis for indemnification under this Agreement.
4. Duty to Defend. In the event any Claim is brought against Indemnitee within the scope of this Agreement, Indemnitor reserves the right to assume the defense of the Claim. If Indemnitor elects not to assume the defense of the Claim, Indemnitee may pursue its own defense of the Claim and seek reimbursement from the Indemnitor. If Indemnitor assumes the defense of the Claim, Indemnitor shall not settle any Claim without the prior written consent of the Indemnitee, which consent shall not be unreasonably withheld. If Indemnitee pursues its own defense of the Claim, Indemnitee shall not settle any Claim without the prior written consent of Indemnitor, which consent shall not be unreasonably withheld.
5. Mutual Representations. The Parties represent and warrant that they are duly authorized and have the power and authority to execute and deliver this Agreement, and this Agreement constitutes a legally, valid and binding obligation on the Parties.
6. Amendments. This Agreement may be amended or modified only by written agreement signed by all Parties.
7. Notices. Any notice or other communication given or made to a Party under this Agreement shall be in writing and delivered by hand, sent overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above, or to another address as that Party may subsequently designate by notice, and shall be deemed given on that date of delivery.
8. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, not including its conflicts of law provisions.
9. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
10. No Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
11. Assignment. No Party may assign its rights or delegate its duties under this Agreement without the other Party’s prior written consent.
12. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.
13. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.
14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
15. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement.
16. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to the subject matter.
This statement acts as a legal acknowledgment of the risks and liabilities related to the purchase of any Tune Outdoor product or a visit to the Tune Outdoor headquarters and its affiliated locations.
Copyright Agent:
Tune Outdoor LLC
4633 DAHLIA ST
DENVER, CO 80216
.png)
