This updated Terms of Service reflects your corporate identity as MorrSpear LLC DBA TonneauCovered.com and includes the necessary adjustments to meet A2P 10DLC compliance standards.

TERMS OF SERVICE

OVERVIEW

This website is operated by MorrSpear LLC DBA TonneauCovered.com. Throughout the site, the terms “we”, “us” and “our” refer to MorrSpear LLC DBA TonneauCovered.com. MorrSpear LLC DBA TonneauCovered.com 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 and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/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, and/ 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.

SECTION 1 - 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. 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. Our store is hosted on Shopify Inc., providing the e-commerce platform that allows us to sell our products and services to you.

SECTION 2 - GENERAL CONDITIONS

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. Credit card information is always encrypted during transfer over networks.

SECTION 3 - 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. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - 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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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.

SECTION 7 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

In no case shall MorrSpear LLC DBA TonneauCovered.com, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

SECTION 9 - GOVERNING LAW

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 5227 South 22nd St. Phoenix Arizona US 85040.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

MorrSpear LLC DBA TonneauCovered.com (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy.

1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies.

2. MOBILE MESSAGING TERMS (SMS/MMS)

• Description of SMS Use Cases: 

  By opting into our text messaging service, you agree to receive recurring automated marketing and informational text messages from Freds Truck Accessories, LLC.

  Consent: Providing your phone number via our website forms or checkout constitutes consent to receive SMS messages. Consent is not a condition of purchase.

• Opt-out instructions: You can unsubscribe at any time. Text STOP to any message you receive from us. You will receive one final confirmation message.

Message & Data Rate Disclosure:

Standard message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on your interaction with the site.

Carrier Liability Disclaimer: Mobile carriers are not liable for delayed or undelivered messages. Message and data rates May apply. 

• Support: For help, reply "HELP" or contact us at customerservice@TonneauCovered.com.

3. Program Description: Users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of truck and automobile accessories, including tonneau covers and related hardware. Messages may include checkout reminders triggered via webhooks.

4. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at customerservice@TonneauCovered.com. Please note that the use of this email address is not an acceptable method of opting out of the program.

5. Data Privacy (A2P Compliance): No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18) years and are of adult age in your jurisdiction.

8. Dispute Resolution: All disputes arising out of or relating to these SMS Terms will be determined by binding arbitration in Scottsdale, Arizona, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Contact Information: Questions about the Terms of Service or the SMS Program should be sent to us at customerservice@TonneauCovered.com.