Last Updated on 6/20/2022
This website, along with the products and services offered on this website, including, but not limited to, NextGear and MyShopManager (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by Bolt On Technology, LLC (“Bolt On”, “we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services.
Please read these Terms carefully. These Terms form a legally binding contract between you and us. By downloading, accessing or otherwise using any Services in any way, you agree to be bound by these Terms.
We may change these Terms to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to the Services; (e) improvements for clarity and consistency; or (f) any other reason within our sole discretion.
Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes you should stop using the Services.
Your permission to use the Services is conditioned upon the compliance with these Terms. You are entirely responsible for all content that you upload, post or otherwise transmit via the Services. You agree not to upload, post or otherwise transmit via the Services any content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to us or other users of the Services; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right to edit or remove content that violates these Terms or that contains third-party commercial advertisements.
You agree that you will not use the Services to: (i) transmit spam, bulk or unsolicited communications; (ii) pretend to be Bolt On or someone else, or spoof our or someone else’s identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Services; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users.
We do not claim ownership of the content you place on the Services and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, or in our Privacy Policy, any content you provide in connection with the Services shall be deemed to be provided on a nonconfidential basis. We shall be free to use or disseminate such content on an unrestricted basis for any purpose, and you grant us and all other users of the Services an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Bolt On, our affiliates, and third-party providers of any information that you may provide on the Services.
As part of the Services, you may be provided with an interactive communication platform to maintain communication with consumers through various means including sending and receiving text/SMS messages. In order to use those Services, you confirm that anyone you direct messages to be sent to previously agreed to be contacted by you via automated and prerecorded technology in accordance with the TCPA and have not withdrawn said consent. If a consumer ever requests to opt-out of receiving such communications, you confirm that you will immediately update the platform to note that such consumer has opted out.
You are responsible for retaining evidence of consent for at least 4 years. At our sole discretion and request, you shall provide evidence of any specific consent within seven (7) business days’ notice.
Sample opt-ins*:
☐To more easily communicate without interrupting your day, and keep you informed of your vehicle while providing additional offers/discounts, you can opt-in by initialing or checking this box to receive periodic automated text/SMS messages at the number that you have provided from our company. Std. data/msg. rates apply and your consent is not a requirement to make future purchases. You can opt out at any time.
☐I consent to receive phone sales calls and text messages – Msg and data rates may apply – from [company] relating to my vehicle on the number I provided above even if I am on a federal or State do not call registry. I understand these calls may be generated using an autodialer and may contain pre-recorded messages and that consenting is not a required condition of purchase.
When sending e-mails using the Services, the following is required under the CAN-SPAM laws*:
You may email market anyone or any company you want until they opt-out or request (in any manner) that you stop. You must remove the consumers who opts out within ten (10) business days of their request and ensure that the opt-out mechanism works for at least thirty (30) days after sending the e-mails. You cannot use IP address tricks, deviations (meaning routing the email through multiple servers to hide or avoid spam blockers) or flooding a company or person with emails to be harassing.
*While we may provide general information and advice based on what we have learned about the TCPA or CAN-SPAM laws, such matters should not be relied on and you should consult with your own attorneys, as well.
All testimonials and case studies within the Services are, to the best of our ability to determine, true and accurate. They were provided willingly, without any compensation offered in return. These testimonials and case studies do not necessarily represent typical or average results. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Bolt On, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Bolt On. We take no responsibility and assume no liability for any data that you or any other user or third party posts or sends over the Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services or transmitted to users.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by us on this website provided that: (a) the copyright notice pertaining to the content remains, and a permission notice (e.g., “Used with permission”) is added to such content; (b) the use of such content is solely for personal and non-commercial use; (c) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms. Upon termination, you must immediately destroy any downloaded and/or printed content.
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content in the Services, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPRIETARY INTEREST IN ANY SERVICES OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BOLT ON.
We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services unless required by law.
We will use reasonable endeavors to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.
We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular non-Bolt On approved software or connectivity services. We do not accept responsibility for such equipment, software or services. We also do not guarantee that the Services can be accessed in all geographic locations.
THE SERVICES MAY INCLUDE TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY TECHNOLOGIES, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.
ANY THIRD-PARTY TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED TECHNOLOGIES.
You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations, including, without limitation, data privacy and protection laws and United States export control and economic sanctions laws and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. You agree, represent and warrant that (a) you will clearly post, maintain and abide by a privacy notice that complies with applicable laws, rules and regulations, (b) you will obtain and maintain all necessary permissions and valid consents to lawfully transfer data to us and to enable such data to be lawfully collected, processed and shared by us for the purposes of providing the Services, and (c) you will provide all necessary notices and obtain necessary consents required by applicable data protection and privacy laws to enable us to perform the Services.
You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Services, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Terms.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES.
IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Bolt On.
All refund requests and claims for money-back-guarantees, where applicable, must be submitted in writing via email to billing@boltontechnology.com. Unless you and Bolt On agree otherwise in writing, payment obligations cannot be canceled, and all fees paid are non-refundable.
If you have purchased a subscription to any Services, you can cancel your subscription by contacting billing@boltontechnology.com or our support team via the on-site chat tool. Cancellation requests made in writing are effective immediately. Any charges taking place after a written cancellation request will be refunded. All fees paid prior to the written cancellation request are non-refundable unless you and Bolt On agree otherwise in writing.
In the event you order any physical products through the Services, the below shipping and return policies will apply to any such products.
All U.S. orders will ship via FedEx Express. Your order should arrive within 1-3 business days from the original shipping date.
In order for the above shipping schedules to be met, your order must be placed by 5 pm, EST. If not, your order will begin processing on the following business day.
International orders are shipped from the USA to other countries. There is no free shipping option with this delivery method.
*We inspect 100% of all international orders for quality and accuracy to ensure the shipment meets your expectations. All international orders are final. We will not accept any requests for a refund or exchange.
We insure all international orders in case of a lost package. Customs, duties, taxes or any other import charges your country imposes on our shipments are your responsibility. If you refuse to pay your country taxes, duties or any other charges, the authorities may destroy your shipment and we will not credit you.
If you’re not completely satisfied with your purchase, we’ll be happy to issue a full refund within thirty (30) days of the shipment date. *There are no returns, exchanges, or store credits for International orders.
If thirty (30) days have gone by since your purchase, unfortunately, we can’t offer you a refund, exchange, or credit.
To be eligible for a return, your purchase must be a physical item (software products are non-returnable) and must be unused, in the same condition, and in the original packaging that you received it.
To complete your return, we require a receipt or proof of purchase.
*Do not send your purchase back to the manufacturer. They will not be able to issue you a refund, exchange, or credit.
There are certain situations where only partial refunds are granted; any physical item purchased that’s not in its original condition or is damaged or missing parts for reasons not due to our error.
The following details are only for refunds of physical items. We do not offer refunds for software and/or hardware configuration or setups fees. If you need information about our thirty (30)-day money back guarantee, please contact your Sales Representative or call 610-400-1019 and press 2.
Once your return is received, it will be inspected to verify it meets our returned item criteria mentioned above. If we find your item does not fit the returned item criteria, we will send you an email notifying you of the item’s ineligibility and whether or not a partial refund is available.
If you are approved for a refund, a credit will automatically be applied to your credit card or original method of payment, within thirty (30) days.
Please allow us thirty (30) days to credit the correct amount to your credit/debit card or original method of payment.
If you haven’t received a refund after thirty (30) days, check your bank account and/or contact your credit card company. It may take some time before your refund is officially posted.
If you’ve done all of this and still haven’t received your refund yet, please contact us at billing@boltontechnology.com.
If you’ve purchased an ‘On Sale’ item and request a refund, you will only receive a refund of the ‘On Sale’ price. Refunds of full retail prices are not available for discounted items.
We only replace physical items if they are defective or damaged beyond your control. Any defects or damages resulting from your use will not be eligible for an exchange. Items can only be exchanged for another identical item, or one of equal or lesser value, if you choose.
To exchange an item, send us an email at billing@boltontechnology.com, and also mail the item to:
BOLT ON TECHNOLOGY
1105 Industrial Blvd.
Southampton, PA 18966
You will be responsible for paying shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.
We will use your personal data as set out in our Privacy Policy.
These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms. These Terms shall be governed by and construed in accordance with the laws of the This Commonwealth of Pennsylvania without regard to its conflict of law provisions. Each party agrees that any dispute shall be brought exclusively in the state or federal courts sitting within the judiciary district of the United States District Court in the Eastern District of Pennsylvania, Philadelphia County, and that it will submit to the jurisdiction of the state or federal courts therein, and to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months, we may terminate access to the Services immediately on service of notice to you.
For answers to your questions or ways to contact us, email us at support@boltontechnology.com or you can write to us at:
Bolt On Technology
4301 Anchor Plaza Pkwy, Suite 140
Tampa, FL 33634
© Copyright 2022 Bolt On Technology LLC. All Rights Reserved.