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Terms of use

This website and the Content and Products (as defined below) contained hereon (collectively referred to as "the Site" unless specifically stated otherwise) are made available to you pursuant to the following Terms of Use and any other rules or policies posted on the Site (collectively referred to as the "Terms of Use Agreement".) All such rules and policies, including without limitation the Privacy Policy and the Return/Refund Policy, are incorporated by reference into this Terms of Use Agreement. By accessing, browsing and/or using the Site, including without limitation making any purchases of Products through the Site, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement. If you do not agree with any provision of this Terms of Use Agreement, you are not authorized to access, browse or use the Site, including without limitation making any purchases of Products through the Site, for any purpose.

Modifications

The Site is owned and operated by American Tire Distributors, Inc. and/or its subsidiaries and affiliates ("we","us", or "our.") This Site may be used as an information source and/or may be used to purchase goods and/or services through this Site. Any such goods or services displayed or purchased through this Site are referred to herein, individually or collectively, as "Products."  We reserve the right to modify this Terms of Use Agreement at any time without giving you prior notice. You are responsible for regularly reviewing this Terms of Use Agreement. Your use of the Site, including purchase of any Products, following any such modification constitutes your agreement to follow and be bound by this Terms of Use Agreement as modified. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.

All software, object code, source code, schematics, data (including metadata), text, sound, graphic material, audio and video material, photographs, illustrations, artwork, images, documents, papers, instructions, proprietary information and all copyrightable or otherwise legally protectable elements of the Site or available on or through the Site, including, without limitation, all trademarks, service marks and trade names (individually and/or collectively, the "Content,") are our property or the property of our subsidiaries, affiliates, or other third parties and are legally protected under all applicable local, state, national and international intellectual property and other laws, regulations and treaties.

Your use of the Site or any of the Content available through the Site constitutes your acknowledgement that the Site and the Content contain proprietary and confidential information owned by us or other third parties. You hereby agree not to alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Content or the Site or any materials thereon. You hereby agree not to reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, reproduce, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third-party (including, without limitation, on or via a third-party website), attempt to discover source code, or sell in any way any Content or Products included on the Site without the express prior written permission of us or other applicable third parties. Trademarks, service marks, and trade dress owned by us or other third parties may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the applicable third-party. Any unauthorized or prohibited use of any Content or the Site may subject you to civil liability or criminal prosecution, or both, under applicable law.

License agreement

We hereby grant to you subject to this Terms of Use Agreement, a nonexclusive, non-sublicensable, non-transferable, limited license, during the term of this Terms of Use Agreement, to install and/or use in machine-readable form the Content which is made available for review on this Site. You may make one (1) copy of such Content only as necessary for backup or archive purposes in support of your use of this Site and such Content, including without limitation documentation of your purchase of any Products through this Site, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Content. Notwithstanding any of the foregoing, you hereby acknowledge that we and/or other third parties, as applicable, shall retain all other right, title and interest in and to the Content. All rights not expressly granted herein are reserved.

Account information and billing

You are not required to have an account to purchase Products on the Site. However, if desired, you can create a secure user account with a unique user name and password combination.

If you choose to create a user account, you must provide current, complete, and accurate information to us in connection with your account and/or purchase of Products in order to receive Products from the Site. It is your responsibility to keep the information that you provide to us up to date and we cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us.  

When purchasing Products through the Site, we cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information. Your purchase of Products through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Products available on the Site by any local, state, national or international law. If we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate any current or further purchases by you through the Site and to refuse any and all current or future use of the Site or any portion of the Site by you, for any reason at any time.

You are solely responsible for maintaining the confidentiality of your account information and for restricting access to your computer and handheld devices, and you agree to accept responsibility for all activities that occur under your account or password, including, but not limited to, any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. We reserve the right to take any and all action, as we deem necessary or advisable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of (i) any action or inaction by us with respect to these matters, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You hereby agree to immediately notify us if you become aware of or believe there is, or may have been, any unauthorized use of your user name or password or any other need to deactivate or change your user name or password due to security concerns.

Purchases and prices, taxes, fees, and other charges

The price of any Products purchased through the Site will be the price specified at the time of your purchase. Prices for all Products exclude applicable taxes, disposal fees, shipping and handling charges, and any installation fees unless otherwise indicated at the time of purchase. To the extent permissible by law, you agree to be responsible for any such applicable taxes, disposal fees, shipping and handling charges, and installation fees, as applicable. We reserve the right to collect applicable taxes and impose applicable disposal fees and/or shipping charges on all Products purchased from the Site. 

Installation prices as listed on the Site cover most vehicles with standard equipment. Customized vehicles may result in additional installation fees at the point of installation. Additional fees may be required at the point of installation of products to accommodate for customized vehicles or to accommodate for pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other pre-existing conditions that limit the ability to install the products as reasonably anticipated at the point of sale.

Purchases and payment methods

Payment may be made via Visa, MasterCard, American Express, and Discover cards (collectively referred to as the "Cards"). Upon presentation of a Card, you warrant that you are the cardholder or have the permission of the cardholder to use the Card and that the billing information provided is accurate. By purchasing Products by use of a Card, you authorize us to charge the Card for the purchase price of the Products being purchased, plus any taxes, disposal fees, shipping and handling, and/or installation charges, if applicable. 

Payments may also be made using the pay by PayPal payment option.  If you choose to use PayPal to make purchases, you agree to allow PayPal to debit from your PayPal account (and the credit card(s), bank account(s) or other allowed payment methods linked to your PayPal account), the full amount of the purchase price of the Products being purchased, plus any taxes, disposal fees, shipping and handling, and/or installation charges, if applicable.  You agree that if PayPal fails or is unable to withdraw that full amount owed, you must pay TireBuyer the remaining balance by using a Card.  

As mentioned below in the section, “Third-party websites and third-party services,” third party services such as payment processing by Card issuers or PayPal option is subject to any terms, conditions, restrictions, limitations, warranties or representations of the third party payment processor. 

Offers, Coupons, and Gifts

We may offer users of the Site discounts, promotions and other offers (“Offers”).  Offers may come in a variety of forms including a coupon, coupon code, promotional code or any other similar medium (“Coupon”).  Unless expressly stated otherwise on the Coupon, all Coupons and Offers are non-transferrable and users may not combine multiple Offers, use any Coupon with more than one order, or otherwise misuse any Offer or Coupon (“misuse” to be determined by TireBuyer in its sole discretion).  We reserve the right to, at any time and with or without prior notice, cease honoring any Offer or Coupon or to impose conditions on the redemption thereof.  As mentioned below, TireBuyer may terminate your purchase of any Products at any time and for any reason, including your violation of this section of this Terms of Use Agreement.

Offers may also include the ability to receive from a third party, certain services, such as discounts, gift cards or other offers that may be used with third party merchants and service providers (“Third Party Offers”).  Third Party Offers are subject to compliance with all eligibility (e.g., purchase requirements) and redemption requirements and all other terms presented with the Third Party Offer, including terms of applicable third party merchant or provider.  Neither Tire Buyer nor any of its affiliates is responsible or liable for any Third Party Offers, including your redemption or third party fulfillment of the Offer.  We reserve the right to, at any time and with or without prior notice, cancel any Third Party Offer.      

Replacement policy

We assume no liability for purchaser error, Products purchased for the wrong vehicle, Coupons or Offers not provided at the time of purchase, or any other errors related to your actions or choices ("Purchase Errors.") When purchasing tires, wheels, and/or any other Products through this Site without providing accurate vehicle information, you accept full responsibility for the Products purchased or otherwise obtained by you through the Site.

If you experience a malfunction in purchasing the Products, or do not receive Products that you purchased, please contact customer service and we will use our commercially reasonable efforts to assist you with receiving the Products. If any Product that you purchase is defective or does not operate correctly for any reason other than Purchaser Error, please contact customer service and, to the extent the applicable Product may be returned to us or to the extent you are eligible for a refund of the purchase price of the Product, then you agree to comply with the terms and conditions of the Return/Refund Policy as posted on this Site, which may be amended from time to time in our sole discretion. Returns and/or refunds shall be handled solely in accordance with the Return/Refund Policy. Notwithstanding the foregoing, in no event shall we be liable for any replacements, defects or other problems associated with purchases of Product through the Site after a period of thirty (30) calendar days has expired from the date of such purchase, as applicable. 

Support: Contact customer service

Subject to the other provisions of this Terms of Use Agreement, we will use our commercially reasonable efforts to help you with any questions that you may have regarding the Site or the purchase of Products. To reach our customer support team, please visit the Contact Us page.

Unlawful or prohibited use

You agree to use the Site and the Content only for lawful purposes and not to allow others to use your account, the Site, or the Content for any unlawful purpose. Use of the Site or Content in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited.

Some Content, Products, material, links, and other information on the Site may not be appropriate or available for use or Purchase in all jurisdictions, especially certain jurisdictions outside of the United States. Accessing any such Content, materials, links and other information from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any jurisdiction outside the United States is done at your own initiative and we are not responsible for your compliance with any laws imposed by such jurisdiction. You hereby agree that you shall not access any of the foregoing where prohibited by any applicable law. We reserve the right to refuse shipment of Products to any location where such shipment could be in violation of any applicable export or import laws or other applicable law.

Site security

You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Products or interfere with any other party's use and enjoyment of the Site or any Content or Products. You may not attempt to gain unauthorized access to any accounts not registered to you, or computer systems or networks owned and operated by us through hacking, password mining, or any other means. Violations of our system or network security may result in civil or criminal liability.

Reviews, comments, and other postings

On the Site, you may post reviews, comments, and other content, send other communications, and submit suggestions, ideas, comments, questions, or other information about such product or service (collectively referred to as "Postings",)so long as the Postings are not and do not contain any content that is illegal, tortious, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or any other rights, false, misleading, likely to deceive, objectionable, or otherwise injurious to third parties and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead readers as to the origin of any Posting.

Postings do not reflect our or our affiliates' views, and while we do not endorse any Posting, we do reserve the right to monitor and screen any Posting. In no event shall we or our affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever.  With respect to any Posting, you agree that we may and we reserve the right (but not the obligation) to do any of the following in our sole discretion, at any time and without limiting any and all other rights we may have under this Terms of Use Agreement, at law or in equity: (a) refuse to allow you to Post; (b) remove, delete, and/or edit Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational, or other means available to us to enforce the provisions of this Terms of Use Agreement, including, without limitation, blocking specific IP addresses or deactivating your account.

If a Posting originates from you or your account, and unless we indicate otherwise, you grant us and our affiliates, licensees, and sublicensees a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, alter, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit that Posting throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name provided in connection with the Posting. You represent and warrant that you own or otherwise control all of the rights to the content of the Posting and have the right and authority to grant the licenses granted herein , that the Posting does not violate this Terms of Use Agreement, and that no payments are or will be owed to you or any third party for the exercise of the rights granted hereunder.   

Third-party websites and products and services

Any links to third-party websites found within the Site, including links to websites of any third-party such as installers, payment processors, and providers of Third Party Offers, are provided solely as an added convenience to you. We are not responsible for the maintenance, content or suitability of any third-party website or any content in that website.  Your linking to any third-party website or use of any third-party products or services (e.g., installer) is at your own risk, and you are responsible for viewing and abiding by the privacy statements, terms of use and any other terms posted at any third-party website or otherwise made available by the third party. 

Any third party product or service referenced in the Site, such as installation services, payment processing and the provision of Third Party Offers, is provided solely as an added convenience to you.  We are not responsible for any portion or aspect of those third party products or services and your use of those third party products or services (e.g., installation services) is at your own risk. If you encounter an issue with respect to third party products or services, you should contact the third party providing those services or products.  

ANY MENTION ON THE SITE OF PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING INSTALLATION SERVICES AND THIRD PARTY OFFERS, IS FOR INFORMATIONAL PURPOSES AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION BY US. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE OR PRODUCT OR THE INABILITY FOR A USER TO RECEIVE OR MAKE USE OF ANY THIRD PARTY SERVICE OR PRODUCT. ANY DEALINGS AMONG ANY USER AND ANY THIRD PARTY MENTIONED ON OR FOUND THROUGH THE SITE ARE SOLELY BETWEEN THE USER AND THE THIRD PARTY, AND ARE SUBJECT TO ANY FEES AND CHARGES, REQUIREMENTS, PROCEDURES, CONDITIONS, RESTRICTIONS, LIMITATIONS, WARRANTIES OR REPRESENTATIONS AND ANY OTHER TERM ASSOCIATED WITH THOSE DEALINGS, INCLUDING TERMS POSTED ON THIRD PARTY WEBSITES AND OTHERWISE MADE AVAILABLE BY THE THIRD PARTY. FURTHERMORE, WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY PRODUCT OR SERVICE SUPPLIED BY A THIRD-PARTY, INCLUDING THOSE THAT RESULT IN ADDITIONAL OR UNANTICIPATED WORK BY THAT THIRD-PARTY BEYOND THE SCOPE OF WORK ORIGINALLY ANTICIPATED BY THE USER AND THE THIRD-PARTY. 

Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, SHALL WE OR ANY OF OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, DEVELOPERS, LICENSORS, SUCCESSORS, ASSIGNS OR THIRD-PARTY INSTALLERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OR INJURY, OF ANY NATURE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCTS OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR INJURY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS OR YOUR USE OF THE SITE.

WE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER USERS, THIRD PARTIES, OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. 

WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER, HANDHELD DEVICE, OR OTHER COMMUNICATIONS DEVICE USED TO ACCESS THE SITE, OR FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY MATERIAL POSTED BY US OR ANY THIRD-PARTY ON THE SITE.

NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE SITE OR TO DOWNLOAD CONTENT OR MAKE PURCHASES OF PRODUCTS. 

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT, PRODUCTS, AND THE SITE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR INJURY INCURRED BY YOU OR ANY OTHER PERSON THAT MAY RESULT FROM YOUR USE OF THE CONTENT OR THE SITE.

THE TERMS OF THIS LIMITATION OF LIABILITY SECTION ARE SUBJECT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEGISLATION, AND/OR REGULATION.

Warranties

YOU AGREE THAT ALL INFORMATION, CONTENT, SERVICES, AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR DEVELOPERS AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WITH REGARD TO ANY INFORMATION, CONTENT, SERVICES, AND RELATED MATERIALS ON THE SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION INSTALLERS OF PRODUCTS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON ANY LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, WE DO NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE. THE ONLY WARRANTIES GIVEN TO YOU RELATING TO THE PRODUCTS, IF ANY, ARE THOSE PROVIDED BY THE MANUFACTURERS OF SUCH PRODUCTS, AND ANY WARRANTY CLAIMS ARISING OUT OF THE MANUFACTURER WARRANTIES MUST BE PURSUED DIRECTLY AGAINST THE MANUFACTURER.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL WE BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR PRODUCTS UNDER ANY CIRCUMSTANCES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT OR ANY SERVICES OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, SERVICES, OR PRODUCTS WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE CONTENT, SERVICES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY REFERENCE TO ANY PERSON, ENTITY, PRODUCT, MATERIAL OR SERVICE ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY US OR ANY OF OUR EMPLOYEES OR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY WEB PAGE ACCESSED FROM THE SITE, INCLUDING THIRD-PARTY PRODUCT INSTALLERS, NOR DO WE WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY THIRD-PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND US OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL CONSTITUTE A WAIVER OF ANY LIMITATION OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE AGREEMENT.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to release, indemnify, defend, and hold harmless us and our subsidiaries, affiliates, third-party installers, employees, officers, directors, stockholders, agents, developers, licensors, successors, and assigns from all liabilities, claims, demands, lawsuits, judgments, damages, costs, and expenses, including reasonable attorneys' fees and court costs, made by any third-party due to or arising out of or in connection with (a) your connection to and use of the Site, Content or Products, (b) any material you or anyone using your account submits, posts, transmits or make available from, through or to the Site, including Postings, (c) your violation of this Terms of Use Agreement, (d) your violation of any rights of a third-party, including intellectual property rights and/or (e) someone else using your account or password (including any unlawful or prohibited use of the Site). Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Export control

You hereby acknowledge that the Products may be subject to export or import regulations in the United States and in other countries. You are responsible for complying with all trade regulations and laws. You hereby agree that you will not export, directly or indirectly, the Products acquired or to be provided under this Terms of Use Agreement, or the direct product of any such Product, without first obtaining all required export and/or import licenses and government approvals. We reserve the right to refuse shipment of Products to any location where such shipment could be in violation of any applicable export or import laws or other applicable law.

Trademark notice

TireBuyer.com, the TireBuyer logo, American Tire Distributors name and logo, and certain other trademarks affiliated with TireBuyer.com and/or American Tire Distributors located on the Site are our trademarks or registered trademarks. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with our or the applicable owner's permission. Fair use of any such trademarks requires proper acknowledgment. All rights not expressly granted herein are reserved.

Copyright notice

All Content and other materials published on the Site are protected by copyright, and owned or controlled by or licensed to us, or the party listed as the developer of the Content or other materials. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in this Terms of Use Agreement or in a separate license agreement, neither we nor our affiliates, third-party installers, developers, licensors, successors, or assigns grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content on the Site is Copyright © 2012 American Tire Distributors, Inc. unless specified otherwise. ALL RIGHTS RESERVED.

Termination

We may terminate your (a) access to the Site and/or the Content; (b) your purchase of any Products; and/or (c) your password and/or account or any portions thereof, in each case (a) through (c), at any time and for any reason, with or without cause, with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Governing Law Disputes

This Terms of Use Agreement is governed in all respects by the laws of the State of North Carolina, United States, without reference to its conflict of laws principles. Any dispute relating in any way to the Site, the Content, or this Terms of Use Agreement shall be submitted to confidential binding arbitration in Durham, North Carolina, United States. Arbitration under this agreement shall be conducted by a single arbitrator under the then prevailing Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement or any similar agreement, whether through class arbitration proceedings or otherwise. 

Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of any third-party, we or such third-party may seek injunctive or other relief against you in any court having appropriate jurisdiction and you agree and acknowledge that the district and superior court of North Carolina, located in Durham County, North Carolina, United States and the United States District Court for the Middle District of North Carolina, located in Greensboro, North Carolina, United States shall have jurisdiction over you in any such matter and shall be a proper venue for such matter.

The terms of this section are subject to the fullest extent permitted by applicable law, legislation and/or regulation. In the event that applicable law renders the foregoing arbitration provision unenforceable, you agree and acknowledge that any action brought in connection with the Site, the Content, the sale, use, return or refund of Products, or this Terms of Use Agreement shall be adjudicated solely in the district or superior court of North Carolina, located in Durham County, North Carolina, United States or in the United States District Court for the Middle District of North Carolina, located in Greensboro, North Carolina, United States. You hereby consent to the exclusive venue and jurisdiction of such courts, waive any right that you may have to contest the jurisdiction or venue of such courts on the basis of lack of personal jurisdiction, inconvenient forum, or any other basis, and waive any right that you may have to commence or transfer an action in any other court in any other jurisdiction. You consent to the extra-territorial service of process in connection with any action in any of the aforementioned courts.

Remedy Period

Any claim or cause of action arising out of or related to the use of the Site, the Content, or this Terms of Use Agreement must be submitted to arbitration in accordance with this Terms of Use Agreement (or, if applicable law renders arbitration unenforceable, filed with the appropriate court in accordance with this Terms of Use Agreement) within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary. You hereby expressly waive your right to commence any arbitration or litigation after such one (1) year period. In the event any such claim or cause of action is not submitted to arbitration or filed with the appropriate court, as applicable, within such one (1) year period, such claim or cause of action shall be forever barred. 

Miscellaneous

Waiver/Course of Conduct. Our failure to insist upon or enforce strict performance of any provision of this Terms of Use Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Terms of Use Agreement.

Assignment. We may assign our rights and duties under this Terms of Use Agreement to any party at any time without your permission and without notice to you. 

Email Communications. Communications made to us by email shall not constitute legal notice to us or any of our subsidiaries, affiliates, directors, officers, employees, stockholders, agents, representatives, developers, licensors, or assigns with respect to any existing, future, or potential claim or cause of action against us or any of our subsidiaries, affiliates, directors, officers, stockholders, employees, agents, representatives, developers, licensors, successors, or assigns, where such notice is required by contract, or any local, state, national or international laws, rules, or regulations.

Severability. If any provision of this Terms of Use Agreement is held to be invalid, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of this Terms of Use Agreement.

Entire Agreement. This Terms of Use Agreement sets forth the entire understanding and agreement of the parties as to the subject matter contained herein and supersedes all prior proposals, discussions, or agreements with respect thereto.

Notices of infringement and intellectual property

If you know or suspect that any Content or other materials or portions of the Site constitute copyright infringement or other violations of local, state, national, or international intellectual property laws, please notify us at American Tire Distributors, Inc., Attention: General Counsel, 12200 Herbert Wayne Court, PO Box 3145, Huntersville, NC 28070-3145.

Last updated 9/4/2014