Effective Date: 01.03.23
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE SERVICES.
2. REGISTRATION; SERVICES
Registration for an TireHub user account must be done online by using the appropriate form on the Services. You must provide accurate, complete, and current registration information about yourself and your company (as applicable), and promptly update the information if any such information subsequently changes. If the information is not, or TireHub has reason to believe it is not, accurate, complete, or current, TireHub may, at TireHub’s sole discretion, refuse to register you as a user or immediately suspend or terminate your account or your access to the Services. You acknowledge that certain Services offered by us are premium services and you will only have access to and may only use those Services if you have paid the fees required by us to receive those Services as set forth on the website.
3. USER ACCOUNT AND PASSWORD
After completing the registration process, you will receive a password and account designation. You must maintain the confidentiality of the password and associated account information and must not authorize any third party to use such information, your TireHub account, or the TireHub Services on your behalf. You are responsible for any and all activities that occur under your password and account. You must (a) immediately notify TireHub at the email address ContactUs@tirehub.com and your local distribution center of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that TireHub will not be liable for any loss or damage arising from your failure to comply with this Section 3 (User Account and Password).
4. AVAILABILITY OF AND CHANGES TO THE SERVICES
You may use the Services and order products displayed on the Services if and when they are available. TireHub does not guarantee availability of the Services, products displayed on the Services, or any particular features of the foregoing. To the maximum extent authorized under applicable law, TireHub reserves the right to change, remove, delete, restrict or block access to, start or stop charging fees for, change the fees for, or stop providing all or any part of the Services or any products or information at any time without notice.
Confidential Information does not include information that was in the public domain at the time such information was disclosed to you. If you are obligated to disclose Confidential Information pursuant to court order or other governmental requirement, you must first notify TireHub of the obligation and give TireHub a reasonable opportunity to oppose or limit the court order or other governmental requirement (unless prohibited by law). The obligations set forth in this Section 5 (Confidentiality) will remain in effect for as long as permitted by applicable law and will bind your respective heirs, permitted assigns and successors, and legal representatives.
8. USE OF SERVICES AND CONTENT
- You may print a reasonable number of individual pages from the website for your own internal business use, but you must not copy, distribute or publicly display any Content from the Services;
- Without TireHub’s prior written permission, Content may not be distributed, modified, copied or downloaded, transmitted, displayed, reused, reproduced, published, licensed, have derivative works created therefrom, transferred, sold or otherwise used;
- You may not remove any copyright or other proprietary notices contained on the Content or elsewhere in the Services;
- You may not collect and use or aggregate any Content from the Services, including any product listings, descriptions or prices, or use data mining, robots, scraping, or similar data gathering and extraction tools in connection with the Services or frame or utilize framing techniques with respect to the Services;
- The Services may not be used to post or transmit any threatening, false, fraudulent, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane, or infringing material or any material that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or that infringes, misappropriates or violates any third party’s rights, including any intellectual property right, or that misrepresents any identity;
- You are solely responsible for all information, content or other materials you communicate to others using the Services or that originates from your account and you acknowledge that TireHub is not responsible for and does not control any material originating from users of the Services and that although TireHub does not screen or monitor materials originating from users of the Services, you authorize TireHub to screen, filter, block, move, refuse, modify or remove user materials and access to TireHub accounts at any time in its sole discretion, without prior notice; and
- Without TireHub’s prior written permission, all advertising or commercial solicitation on the Services is prohibited. You may not establish a hyperlink to the Services or any webpages thereof without TireHub’s prior written consent.
TireHub may make available through the Services products that you may choose to purchase. If you make a purchase, you authorize TireHub and any third party that processes payments for TireHub to use the payment method that you enter when you create your account or submit your purchase. You also agree that TireHub or the third party payment processor may retain your credit card or other payment information for recurring charges and for future purchases.
9.a CUT OFF TIME:
Orders placed within a short timeframe prior to the cutoff time are expected to be delivered, but not guaranteed. This is due to volume of orders, delivery truck capacity, and resource capacity. To confirm orders placed just prior to cutoff time and to ensure they made the truck, please contact your local TireHub distribution center.
9.b LIMITED INVENTORY:
Inventory of tires is considered accurate, but not guaranteed. If you have a concern around the number of tires ordered and need to confirm when they will be delivered, please contact the local TireHub distribution center.
In order to use the Services, you will need to obtain access to the World Wide Web, either directly or through devices that access web based content in a form which is compatible with TireHub. You are responsible for obtaining and maintaining all telephone, computer hardware, modems and other equipment needed for access to and use of the Services and all charges related thereto including but not limited to telephone access charges and internet service fees.
11. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
The Services may contain links to websites owned or operated by parties other than TireHub, and permit you to use and purchase products, services (including payment processing) and content (including applications) from third parties (“Third Party Materials”). Links to third party websites and other Third Party Materials are provided for your convenience only. You may be presented additional terms and conditions from third parties when you access, use, or purchase Third Party Materials. TireHub does not control and is not responsible for the content or privacy policies on, or the security of, Third Party Materials. Without limiting the foregoing, TireHub specifically disclaims any responsibility if Third Party Materials: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) contain viruses or other items of a destructive nature; (iv) do not provide adequate security; (v) are not merchantable or fit for a particular purpose; or (vi) are libelous or defamatory. TireHub does not endorse the content, or any products or services available on, Third Party Materials. Use of Third Party Materials (including any link to third party websites) is done at your own risk. The third party, not TireHub, is solely responsible for all Third Party Materials and any claims you have with respect to Third Party Materials are against the third party supplier and not TireHub.
TireHub logos and other TireHub logos, trademarks, service marks, domain names, and trade dress (collectively “Trademarks”) are owned by TireHub. You must not use the Trademarks for any reason without TireHub’s prior written permission. Any other company names, product names, service names and logos referenced in connection with the Services may be the trademarks of their respective owners.
14. NO WARRANTIES
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
A. THE SERVICES, CONTENT (INCLUDING SOFTWARE), AND LINKS TO THIRD PARTY SITES AND OTHER THIRD PARTY MATERIALS ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. TIREHUB AND TIREHUB’S THIRD PARTY PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES, CONTENT (INCLUDING SOFTWARE), PRODUCTS DISPLAYED OR DESCRIBED ON THE SERVICES, AND THIRD PARTY MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE SUBJECT TO CHANGE. IN PARTICULAR, TIREHUB AND TIREHUB’S THIRD PARTY PROVIDERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICES, CONTENT (INCLUDING SOFTWARE) OR PRODUCTS DISPLAYED OR DESCRIBED ON THE SERVICES (i) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR BUG-FREE BASIS; (iii) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH THEM WILL BE ACCURATE, COMPLETE OR RELIABLE; OR (iv) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
B. YOU OBTAIN OR DOWNLOAD CONTENT THROUGH THE SERVICES AT YOUR OWN RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO YOUR COMPUTER SYSTEM OR THE TIREHUB SOFTWARE OR COMPUTER SYSTEM THROUGH YOUR USE OF THE SERVICES, OR CONTENT INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY DOWNLOADING CONTENT (INCLUDING SOFTWARE).
C. TIREHUB AND TIREHUB’S THIRD PARTY PROVIDERS AND LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OBTAINED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED. THEY FURTHER DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED OR ADVERTISED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS ON THE SERVICES. TIREHUB IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTIONS BETWEEN USERS OF THE SERVICES AND THIRD PARTY PROVIDERS OF PRODUCTS AND SERVICES. TIREHUB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, RELATED TO ANY PRODUCT DISPLAYED OR DESCRIBED ON THE SERVICES; YOUR WARRANTY, IF ANY, RELATED TO ANY PRODUCT YOU PURCHASE THROUGH THE SERVICES WILL BE AS PROVIDED WITH THAT PRODUCT.
15. DISCLAIMER OF CERTAIN DAMAGES
16. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS, IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17. INDEPENDENT REMEDIES
To the extent permitted by applicable law, the exclusion of damages under Section 15 is independent of your exclusive remedy in Section 16 and remedy survives even if the exclusive remedy fails of the remedy’s essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 15 and 16 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law.
TireHub may provide notices (including legal process) to you by any lawful method, including by posting notice on the Services or by sending such notice to any email or regular mail address that you provide to TireHub. You must keep your account information current including your email and mailing addresses and check for notices posted on the Services. You will send TireHub notices by mailing such notice to TireHub’s address for legal notices which is:
1 Ravinia Drive
Dunwoody, GA 30346
Attn: Legal Department
If you provide any comments or other feedback, suggestions or recommendations for improving TireHub Services (“Feedback”), even if you designate Feedback as confidential, you hereby authorize TireHub and TireHub’s designees to use, disclose, reproduce, license, and otherwise distribute and exploit Feedback as TireHub sees fit without obligation (including payment) or restriction of any kind on account of intellectual property rights, confidentiality obligations, or otherwise.
20. QUESTIONS & COMPLAINTS
TireHub hopes that you are fully satisfied with the TireHub Services. If you have any questions about the Services or are dissatisfied with any aspect of the Services, please email your question or complaint to ContactUs@tirehub.com.
If you believe that material available through the Services infringes the copyright of you or a third party for whom you are authorized to act, please notify our designated agent by using the notice procedure under the Digital Millennium Copyright Act of 1998 (“DMCA”) and described below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our designated agent under the DMCA is David Debord at firstname.lastname@example.org. The notification must include the following as provided by the DMCA:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyrighted work;
- Identification of the copyrighted work you claim has been infringed, or if multiple copyrighted works on the Services are covered by a single notification, a list of such works on the Services, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyrighted work.
TireHub has the right to terminate any account or right of access to the Services for infringement of TireHub’s or another party’s rights.
21. VIOLATIONS OF TERMS AND CONDITIONS OF USE
22. CHANGES TO THESE TERMS; TERM AND TERMINATION
23. CHOICE OF LAW
24. INJUNCTIVE RELIEF
25. GENERAL PROVISIONS
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