Terms of service

Last updated: November 5, 2025

Overview

This website is operated by TON3 Performance. Throughout the site, the terms “we,” “us,” and “our” refer to TON3 Performance. TON3 Performance 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 of Service (“Terms”), including any additional terms and policies referenced herein. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. Your continued use of or access to the site following any changes constitutes acceptance of those updates.

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

Section 1 – Online Store Terms

By agreeing to these Terms, 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. You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us. Headings in this agreement are for convenience only and do not limit or affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is inaccurate, incomplete, or not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time without obligation to update any information.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service 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. These products may have limited quantities and are subject to return or exchange only in accordance with our stated refund policy. We make every effort to display as accurately as possible the colors and images of our products that appear at the store, but we cannot guarantee that your 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, region, or jurisdiction, and may exercise this right on a case-by-case basis. We also reserve the right to limit quantities, discontinue products, or modify descriptions or pricing at any time without notice.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed under the same account, payment card, or address. If we make a change or cancel an order, we may attempt to notify you using the contact information provided at the time the order was made. We also reserve the right to prohibit orders that, in our 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 and promptly update any details as needed to ensure smooth transactions.

Section 7 – Optional Tools

We may provide access to third-party tools over which we neither monitor nor have any control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations, or liability. Any use of optional tools offered through the site is entirely at your own risk and discretion.

Section 8 – Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and have no liability for third-party materials or websites. Please review third-party policies and terms carefully before engaging in any transaction.

Section 9 – User Comments, Feedback, and Other Submissions

If you send certain submissions to us (such as ideas, suggestions, or proposals), you agree that we may edit, copy, publish, distribute, or otherwise use them in any medium without restriction. We are under no obligation to maintain any submission in confidence or to compensate you. We may, but are not obligated to, monitor or remove content that we deem unlawful, offensive, or otherwise objectionable.

You agree your comments will not violate the rights of any third party, contain unlawful or obscene material, or include malware that could affect the Service. You are solely responsible for any comments you make and their accuracy.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our privacy policy.

Section 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors or omissions related to product descriptions, pricing, promotions, shipping, or availability. We reserve the right to correct any errors or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

Section 12 – Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the rights of others;

(e) to harass, abuse, insult, harm, defame, slander, or discriminate;

(f) to submit false or misleading information;

(g) to upload viruses or malicious code;

(h) to collect or track personal information of others;

(i) to spam, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with security features of the Service or related websites.

We reserve the right to terminate your use of the Service for violating any prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. All products and services are provided “as is” and “as available,” without any warranties, express or implied. In no case shall TON3 Performance, our directors, employees, affiliates, or suppliers be liable for any indirect, incidental, or consequential damages arising from your use of our Service or products, except where prohibited by law. Our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless TON3 Performance and its affiliates, officers, agents, and employees from any claim or demand arising out of your breach of these Terms or violation of any law or third-party rights.

Section 15 – Severability

If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be severed and the remaining provisions shall remain in full effect.

Section 16 – Termination

These Terms remain effective unless terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services. We may terminate this agreement without notice if you fail to comply with any Terms, and you will remain liable for all amounts due up to the termination date.

Section 17 – Entire Agreement

These Terms, along with any other policies posted on our site, constitute the entire agreement between you and TON3 Performance. Any ambiguities in interpretation shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of Colorado, without regard to conflict-of-law principles.

Section 19 – Changes to Terms

You can review the most current version of these Terms at any time on this page. We reserve the right to update or replace any part of these Terms by posting changes on our website. Your continued use of the website or Services following any updates constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about these Terms of Service should be sent to us at:

support@ton3performance.com

TON3 Performance

United States