FTW Privacy Policy & Terms of Service

PRIVACY POLICY & TERMS OF SERVICE

PRIVACY POLICY FTW Used LLC · Effective Date: June 8, 2025 · Governing Law: State of Maine

1. Introduction

FTW Used LLC ("FTW Used," "we," "us," or "our") respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains what information we collect, how we use it, and your rights with respect to that information.

This policy applies to information collected through our website at ftwused.com, including any contact or inquiry forms, as well as information collected through phone or email communications.

2. Information We Collect

We may collect the following types of personal information:

Contact Information: Name, phone number, email address, and business name, collected when you submit an inquiry through our contact form or contact us directly.
Order Information: Shipping address, equipment details, and product specifications provided during the order process.
Communications: Records of phone calls, emails, and messages exchanged with our team.
Website Usage Data: Our website is hosted through HubSpot and may automatically collect standard technical data including IP address, browser type, pages visited, and referring URLs through cookies and similar tracking technologies.

We do not operate an online store or collect payment card information through our website. Payment information is handled separately through agreed payment methods.

3. How We Use Your Information

We use the information we collect for the following purposes:

To respond to your inquiry or quote request;
To process, fulfill, and ship orders;
To communicate with you about your order, shipping, or follow-up questions;
To maintain business records as required by law;
To improve our website and customer service;
To comply with applicable legal obligations.

We do not sell, rent, or trade your personal information to third parties for marketing purposes.

4. How We Share Your Information

We may share your information in limited circumstances:

Freight Carriers: We share your delivery address and contact information with freight carriers to arrange and fulfill shipment of your order.
Service Providers: We use HubSpot as our website and CRM platform. HubSpot may process your information on our behalf in accordance with their privacy policy. You can review HubSpot's privacy practices at legal.hubspot.com/privacy-policy.
Legal Requirements: We may disclose your information if required to do so by law, court order, or governmental authority, or if we believe disclosure is necessary to protect the rights or safety of FTW Used LLC or others.

5. Cookies & Website Tracking

Our website is built on HubSpot, which uses cookies and similar tracking technologies to operate the site and collect analytics data. Cookies are small data files stored on your device that help us understand how visitors use our site.

You may configure your browser to refuse cookies or alert you when cookies are being sent. Note that some parts of the website may not function properly if cookies are disabled.

We do not use cookies to serve advertising or share data with advertising networks.

6. Data Retention

We retain customer and inquiry information for as long as necessary to fulfill the purposes outlined in this policy, maintain business records, and comply with applicable legal and tax obligations. Order records are typically retained for a minimum of seven (7) years in accordance with standard business record-keeping requirements.

7. Data Security

We take reasonable precautions to protect your personal information from unauthorized access, use, or disclosure. However, no method of internet transmission or electronic storage is completely secure. We cannot guarantee absolute security of any information transmitted to us or stored in our systems.

8. Your Rights (Maine Residents)

As a Maine resident, you may have certain rights regarding your personal information under applicable Maine law. You may contact us to:

Request access to the personal information we hold about you;
Request correction of inaccurate information;
Request deletion of your information, subject to legal retention requirements;
Opt out of any future marketing communications.

To exercise any of these rights, please contact us using the information in Section 10.

9. Children's Privacy

Our website and services are intended for commercial and industrial buyers. We do not knowingly collect personal information from individuals under the age of 18. If you believe a minor has submitted information to us, please contact us immediately and we will promptly delete it.

10. Third-Party Links

Our website may contain links to third-party websites (such as Facebook and Instagram). We are not responsible for the privacy practices of those websites and encourage you to review their respective privacy policies.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of our website or services after any changes constitutes your acceptance of the revised policy.

TERMS OF SERVICE FTW Used LLC · Effective Date: June 8, 2025 · Governing Law: State of Maine

1. Acceptance of Terms

By contacting FTW Used LLC ("FTW Used," "we," "us," or "our") via phone, email, contact form, or any other means, or by placing an order for any product or service, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not place an order or engage with our business.

These Terms constitute the entire agreement between you and FTW Used LLC with respect to your purchase and supersede any prior representations, warranties, or agreements.

2. About FTW Used LLC

FTW Used LLC is a Maine-based wholesale supplier of used and new forestry tires, wheels, chains, tracks, and related equipment, as well as a provider of custom wheel fabrication services. We sell primarily to commercial and industrial buyers operating forestry equipment including skidders, bunchers, forwarders, loaders, and farm tractors.

3. Orders & Agreements

All orders are placed via phone or email. No order is binding until FTW Used LLC confirms acceptance in writing (including by email). FTW Used reserves the right to refuse or cancel any order at its discretion, including in cases of pricing errors, product unavailability, or suspected misrepresentation.

By confirming an order, you represent that:

You are of legal age to enter into a binding contract;
You have the authority to bind the business entity, if applicable;
All information you provide is accurate and complete.

4. Pricing & Payment

All prices are quoted in U.S. Dollars and are subject to change without notice until a written order confirmation is issued. Full payment or agreed deposit is required before an order is processed or shipped, unless other terms have been explicitly agreed upon in writing.

FTW Used LLC reserves the right to assess applicable Maine sales tax or other taxes as required by law.

5. Shipping & Freight

FTW Used LLC arranges and pays for standard freight shipping to the destination specified at the time of order. Freight is included in the quoted price unless otherwise stated. Risk of loss and title to products passes to the Customer upon delivery to the carrier.

FTW Used is not responsible for shipping delays caused by carriers, weather, acts of God, or circumstances beyond our reasonable control. Delivery timelines provided are estimates only and are not guaranteed.

The Customer is responsible for ensuring a safe and accessible delivery location. Any additional freight charges resulting from failed delivery attempts, address changes, or re-delivery requests are the Customer's responsibility.

6. Condition of Used Products

Used products sold by FTW Used LLC are sold in their existing, pre-owned condition. While we make reasonable efforts to accurately describe the condition of used tires, wheels, and chains, used products may exhibit signs of normal wear including surface rust, scuffs, cosmetic imperfections, or prior repairs.

AS-IS NOTICE: All used products are sold "AS-IS, WHERE-IS" with no implied warranties of merchantability or fitness for a particular purpose. The Customer assumes all responsibility for verifying the suitability of used products for their intended application prior to purchase.

New products may carry applicable manufacturer warranties, which are passed through to the Customer to the extent permitted by the manufacturer. FTW Used LLC makes no independent warranties on new products beyond what is expressly stated by the manufacturer.

7. No Returns — No Refunds

ALL SALES ARE FINAL. FTW Used LLC does not accept returns and does not issue refunds under any circumstances. Once an order is confirmed and payment is accepted, the transaction is complete and non-reversible. This policy applies to all products including used tires, new tires, used wheels, new wheels, chains, tracks, and any custom fabrication work.

By placing an order, the Customer acknowledges and agrees that:

They have reviewed any available product descriptions, photos, and specifications;
They have had the opportunity to ask questions prior to purchase;
No returns, exchanges, credits, or refunds will be issued for any reason, including but not limited to buyer's remorse, incompatibility with equipment, or change in circumstances;
Any dispute regarding product condition must be raised in writing within 48 hours of confirmed delivery.

This no-return, no-refund policy is a material term of these Terms of Service and a condition of doing business with FTW Used LLC.

8. Custom Fabrication Work

Custom fabrication orders — including custom offset wheels, backspace modifications, bolt pattern changes, and center plate construction — are made to order and are non-refundable and non-returnable under any circumstances.

The Customer is solely responsible for providing accurate specifications at the time of order. FTW Used LLC is not liable for fabrication that conforms to Customer-provided specifications but does not fit the intended machine due to inaccurate measurements or specifications supplied by the Customer.

FTW Used LLC will use reasonable skill and care in performing fabrication work, but makes no guarantee that custom fabricated products will be compatible with any particular machine, permit requirement, or operational condition beyond the specifications agreed upon.

9. Inspection & Acceptance

The Customer is responsible for inspecting all products promptly upon delivery. Any claim of visible damage, shortage, or non-conformity must be reported to FTW Used LLC in writing within 48 hours of delivery. Failure to notify FTW Used LLC within this period constitutes acceptance of the products as delivered.

Freight damage claims must be documented at time of delivery with the carrier and reported to FTW Used LLC immediately. FTW Used LLC will assist in pursuing freight claims where applicable, but is not liable for carrier-caused damage.

10. Limitation of Liability

To the fullest extent permitted by applicable law, FTW Used LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to any product purchased or service performed, including but not limited to equipment downtime, lost revenue, personal injury, or property damage.

FTW Used LLC's total liability for any claim arising from a transaction shall not exceed the purchase price paid by the Customer for the product or service giving rise to the claim.

The Customer acknowledges that forestry equipment operation involves inherent risk, and that the Customer assumes all responsibility for the safe selection, installation, and use of any products purchased from FTW Used LLC.

11. Indemnification

The Customer agrees to indemnify, defend, and hold harmless FTW Used LLC, its members, employees, agents, and contractors from and against any claims, losses, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Customer's use or misuse of any product; (b) the Customer's breach of these Terms; or (c) inaccurate specifications or information provided by the Customer.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or any transaction with FTW Used LLC shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Maine.

Before initiating any legal proceeding, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of at least 30 days following written notice of the dispute.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Changes to These Terms

FTW Used LLC reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued engagement with FTW Used LLC after such changes constitutes your acceptance of the revised Terms.

15. Contact

For questions regarding these Terms, please contact us: Phone: (207) 389-3939

Website: www.ftwused.com State of Incorporation: Maine