Last updated: January 27, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to In The Ditch Towing Products, 3195 Industrial Way.
- Cookies are small files that are placed on Your computer, mobile device or
any other device by a website, containing the details of Your browsing
history on that website among its many uses.
- Country refers to: Idaho, United States
- Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data
on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide
the Service on behalf of the Company, to perform services related to the
Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social
network website through which a User can log in or create an account to
use the Service.
- Usage Data refers to data collected automatically, either generated by the
use of the Service or from the Service infrastructure itself (for example,
the duration of a page visit).
- Website refers to In The Ditch, accessible from <https://intheditch.com>
- You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Collecting and Using Your Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service , including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes : We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent : We may disclose Your personal information for any
other purpose with Your consent.
Retention of Your Personal Data
Transfer of Your Personal Data
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirement
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Links to Other Websites
By visiting this page on our website: https://intheditch.com/privacy-policy
In The Ditch Towing Products (also referred to herein as ITD) warrants to the original purchaser that new ITD manufactured goods will be free from defects in material and workmanship for a period of twelve (12) months from the date placed in service. The purchaser must promptly notify ITD in writing of any failure in material or workmanship. In no event shall ITD accept such notification later than twelve (12) months from the date placed in service.
ITD’s obligation under this warranty, statutory or otherwise, is limited to the repair or replacement at the ITD factory, or at a point designated by ITD, of such part or parts as shall appear upon inspection by ITD to be defective in material or workmanship. This warranty is not transferable. This warranty does not obligate ITD to bear the cost of labor or transportation charges in connection with the repair or replacement of any part(s) found to be defective, nor shall it apply to a product upon which repairs or alterations have been made unless such repairs or alterations were authorized by ITD.
Except as expressly set forth in this warranty, ITD makes no other warranty, express or implied, and hereby disclaims all other warranties including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. ITD shall in no event be liable for any claims for downtime, loss of profits or goodwill, or any claims for other special, incidental, indirect, or consequential damages concerning or relating to any product or parts, whether based on negligence, strict liability, breach of contract, breach of warranty, misrepresentation, or any other legal theory, regardless of whether the loss resulted from any general or particular requirement that ITD knew or had reason to know about at the time of sale.
ITD makes no warranty, express or implied, as to the finished products manufactured or supplied by another manufacturer and supplied by ITD to the purchaser, including, but not limited to, any vehicle to which an ITD product may be affixed or any accessories, and ITD expressly disclaims any implied warranties of merchantability and fitness for a particular purpose as to such equipment or products. This language shall in no way affect or diminish the rights of the purchaser to rely on such warranties as are extended by such manufacturers or supplies. ITD shall, to the extent permitted under applicable law, pass on to the purchaser such manufacturer’s or seller’s warranty.
The customer must obtain and present a written authorization number from ITD prior to any work beginning, and the customer agrees to bear all costs. Please note: Merchandise covered by a manufacturer’s warranty must be sent directly to the manufacturer for replacement or repair. ITD, whose policy is one of continuous improvement, reserves the right to improve its products through changes in design or materials as it may deem desirable without being obligated to incorporate such changes in any products previously sold.
This warranty is not intended to cover and shall not apply or include the following items, which are set forth by way of example only: normal deterioration of trim, paint, lettering, the appearance of items due to wear or exposure to weather, road conditions, road treatments, etc.; any damage or defect due to accident, misuse, abuse, operation exceeding rated loads, improper or unauthorized repairs, failure to provide reasonable and necessary maintenance, or uses in respect of which the equipment was not designed or
intended; alterations or modifications that affect performance, operations, or reliability.
It is expressly understood that ITD makes no implied or express warranty that ITD manufactured goods shall be fit for the purpose of lifting or moving people or for any other improper use. Field modification of this unit without the advice and written consent of the ITD Engineering Department will void all warranties and any guarantees pertaining to both purchased components used in the manufacture of this unit, as well as structurally fabricated parts supplied by ITD. Use of other than factory or factory authorized parts will render the warranty void.
Notice to Owner or User
It is very important that you properly fill out your product registration form at registration.intheditch.com to register your equipment. By submitting the information within 15 days of your purchase, your warranty will be validated, ensuring that your equipment will be protected subject to the terms and conditions set out herein. In the event we need to contact you concerning your registered equipment, Product Updates, Service Bulletins, or Product Recalls, the information you have provided on the product registration form will ensure your immediate notification. Do your part and let us help you by filling out your product registration form.
Due to variances in manufacturers’ wrecker bodies, truck bodies, and mounting surfaces, ITD cannot provide explicit mounting requirements for every mounting option. These instructions are to serve only as a guideline. Final installation requirements are left to the discretion of a qualified installer.
Assumption of Risk
Towing and recovery (collectively “Towing”) is by nature an inherently dangerous activity. As a consequence, towing operators assume the risk of serious injury or death. ITD products are only intended to be used solely by towing operators who have the requisite training and experience who not only understand the proper use of the product/s but also fully understand all risks associated with towing.
If you do not have the requisite experience and training as a towing operator DO NOT USE these products.
- ITD requires that each operator of a truck or transport vehicle perform a detailed circle check before and after each use of the truck or transport vehicle. This inspection must include the power unit, the towing unit, and all items installed on the unit.
- Do not take chances with your life or other people’s lives. Make sure all items are secured and in safe working order.
- Always inspect products for any signs of paint cracking, metal fatigue or premature wear.
- Maintain a visual inspection along with grabbing the products and wiggling or pulling on it to make sure there is no way anything can become dislodged from its mount.
- Remove from service immediately if repairs are needed. Do not take chances.
Paint, Powder Coated and Polished Finishes:
The ITD warranty does not cover coatings or finishes, of powder coated products, galvanized products, zinc plated products, bare aluminum products, polished or non-polished stainless steel products or finishes. This includes, but is not limited to, scratches, peeling, chipping, hazing, dulling of finish or surface.
Modifications to ITD Products
- DO NOT modify or tamper with any ITD Product. Doing so will void any applicable warranty and may result in serious injury or death.
- Warranties will be voided if any ITD Product is modified or tampered with.
- The driver/operator must verify that all hardware is secure and tight. This includes, but is not limited to, mounting hardware and retaining systems.
- It is the driver /operator’s responsibility to ensure that nothing can come loose from any part of the truck or transport vehicle or the vehicle being towed. It is the operator’s responsibility to make sure that all items are in good working order and are properly secured.
- Only a qualified installer should mount ITD equipment. It is the installer’s responsibility to ensure mounts are secure.
- It is the operator’s responsibility to ensure his or her load is secured properly to the mounts.
- ITD recommends taking this approach to load/product securement:
- Imagine if you took your truck and turned it upside down. Nothing should fall out of or off of the truck.
- Now imagine if you stood the truck on the end where the front bumper was facing straight up into the sky. Nothing should fall out of or off the truck.
- Now imagine the rear bumper was facing the sky. Nothing should fall out of or off of the truck.
Mix and Matching of different Manufacturer’s Products
- Only use In The Ditch brand mounts with In The Ditch Products.
- Only use In The Ditch brand replacement parts for In The Ditch brand products.
- Failure to do so may result in voiding any applicable warranty and serious bodily injury or death.