Effective 6/5/2015; Last Updated 6/5/2015
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Tire Discounters. In addition, the names, images, pictures, logos and icons identifying Tire Discounters products and services are propreitary marks of Tire Discounters and its subsidiaries or affiliates. Except as provided below, nothing contained in this Agreement shall be construed as granting any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
1.2 By using this Site, you are granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as provided in this Section, no part of this Site, including but not limited to materials retrieved from this Site and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Tire Discounters.
2. LINKS TO THIRD PARTY SITES
3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND TIRE DISCOUNTERS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2 Tire Discounters disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or their content, directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions, (c) the unavailability of any part of this Site, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY
4.1 A COVERED PARTY ("Covered Party" means Tire Discounters, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY RELATING TO THIS SITE OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
5.1 This Site may contain references or cross references to Tire Discounters products and services that are not available in every country.
6. GOVERNING LAW; JURISDICTION; DISPUTES
6.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
6.2 You agree that all disputes, actions, and claims relating to your access to or use of the site, Services, and all matters arising out of or related to this Agreement (except for legal action taken to seek an injunction or other equitable relief related to the Site, Services, or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of Ohio, without regard to choice of law principles.
6.3 You furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
6.4 In the event of a Dispute, you or Tire Discounters must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Tire Discounters at [Attention Arbitration, 3650 E. Kemper Rd., Cincinnati, OH 45241]. You and Tire Discounters will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Tire Discounters may commence arbitration. You are not required to wait 60 days to file a small claims action.
6.5 The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Hamilton County, Ohio. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.
6.6 You agree that the making of claims or resolution of Disputes pursuant to this Agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.
6.7 To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn't filed within one year, it is permanently barred.
6.8 If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
7. ENTIRE AGREEMENT; SEVERABILITY
8. ELECTRONIC COMMUNICATIONS
8.1 When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically in response. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Any communication or other information sent to Tire Discounters via e-mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and may be used by Tire Discounters for any purpose, without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Tire Discounters.
9. LINKS TO TIRE DISCOUNTERS WEB PAGES
9.1 Tire Discounters permits links to this Site provided:
You do not remove or obsrure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices;
You do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party;
You give Tire Discounters notice of all such links by sending an e-mail to https://www.tirediscounters.com/contact; and
You discontinue providing links to this Site if notified by Tire Discounters.
9.2 When linking to this Site you may use one or more Tire Discounters logos as a link anchor. To ensure proper usage of Tire Discounters logos, we've presented them here. These logos are trademarks of Tire Discounters and Tire Discounters retains all rights in them. Tire Discounters grants you a limited license to use these logos solely for linking to Tire Discounters web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Tire Discountersdoes not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.
10. MESSAGE BOARDS, BLOGS & SHARING
10.1 Tire Discounters may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, "Submit") messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). Tire Discounters is not responsible for User Content, for any links or images embedded in the User Content, or for the results obtained by using the User Content. Tire Discounters does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of, any opinion, advice, or statement contained in User Content. Under no circumstances willTire Discounters be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.
You shall not Submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that:
- violates or infringes the rights of others;
- is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable;
- encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law;
- advertises goods or services;
- solicits funds;
- contains instructions, formulas, or advice that could harm or injure; or,
- is a chain letter of any kind.
User Content, including any personally identifiable information (including name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Tire Discounters has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.
By submitting User Content, you automatically grant Tire Discounters a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, or otherwise exploit the User Content, in whole or part as Tire Discountersdeems appropriate including, but not limited to, in connection with Tire Discounters, its subsidiaries, affiliates, or business.
Tire Discounters has the right, but not the obligation, to monitor User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content at our own discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.
10.2 DMCA Notice. Tire Discounters asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, detailed below. At Tire Discounters sole discretion, Tire Discounters may remove content that possibly infringes on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Tire Discounters has adopted a policy of terminating, in appropriate circumstances and at Tire Discounters sole discretion, users who are deemed to be repeat infringers. If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
- a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
- your full name, address, telephone number, and e-mail address;
- a statement by you 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;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- your electronic or physical signature.
Tire Discounters will only respond to DMCA Notices that it receives by mail or the contact us information on the website.
Attn: DMCA Notice
3650 E. Kemper Road
Cincinnati, OH 45241
It is often difficult to determine if your copyright has been infringed. Tire Discounters may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Tire Discounters’other rights, Tire Discounters may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Tire Discounters.
11. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and this Agreement may be changed by Tire Discounters, and the changes will be effective when they are posted to the Site. Please review this Site periodically for changes. If there are material changes, we may send you notice of the change by e-mail or through other methods on this Site. Continued use of this Site following any change constitutes your acceptance of the change.
12. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.