Terms & Conditions


Welcome to the TiresWhere website (the “Site”). This Site is owned and administered by TiresWhere.

Notice

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS WEBSITE, ONLINE SERVICE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, ALONG WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, ONLINE SERVICE OR MOBILE APPLICATION.

General

TiresWhere reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Site will confirm your acceptance of such modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop accessing and using the Site.

Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by TiresWhere in accordance with the terms of and for the purposes set forth in our Privacy Policy.

Conduct

In using the Site, you are prohibited from any resale or commercial use of the Site or any Content (as defined below); any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or any Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TiresWhere. You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of TiresWhere or our business affiliates without the express written consent of TiresWhere. You may not use any meta tags or any other “hidden text” utilizing TiresWhere’s name or trademarks without the express written consent of TiresWhere. You shall be solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Site.

Unless otherwise specified, the Site is for your personal and non-commercial use. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, print and copy portions of the material from the different areas of the Site solely for your own non-commercial use. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Content without the prior written permission of TiresWhere.

Intellectual Property Rights

Unless otherwise noted, the Site and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Site (collectively, the “Content”) are intellectual property owned, controlled or licensed by TiresWhere. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Site or any Content. Nothing on the Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Site without the prior written permission of TiresWhere. Any rights not expressly granted herein are reserved by TiresWhere and/or its third party providers.

Digital Millennium Copyright Act

To notify TiresWhere of a copyright infringement, contact our Copyright Agent pursuant to the Digital Millennium Copyright Act ("DMCA"). Our designated Copyright Agent to receive notification of claimed infringement is N. Valenziano, 1144 East Market Street, Akron, OH 44316. Please provide Our Copyright Agent with the following information in writing (see 17 U.S.C. 512(C)(3)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
  • A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity that you request to be removed;
  • Contact information including name, address, telephone number, and, if available, an e-mail 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, under the penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright allegedly being infringed.

If, in response to necessary notice of an alleged copyright infringement, TiresWhere removes your content and you believe that your content is not infringing, or you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in the Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement, submitted under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification; and
  • Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in Akron, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, TiresWhere may send a copy of the counter-notice to the original complaining party informing that person it may replace the removed content or cease disabling it in ten (10) business days unless the copyright owner files an action seeking a court order against the content provider.

Links to Other Websites and Services

The Site may provide links to third-party websites or resources, including links that contain financial or investment information about TiresWhere. TiresWhere provides third-party links for your convenience only, and is not responsible for the content of any third party websites linked to or from the Site. Links from the Site to any third-party website does not mean that TiresWhere approves, endorses or recommends that site. TiresWhere disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any such third-party website. If you decide to access such third-party websites, you acknowledge that you do so entirely at your own risk.

For the purposes of this section, third-party websites or resources include links to TiresWhere independent dealers (the "Dealers"), and TiresWhere is not responsible for any of the actions, services, or omissions of the Dealers, including, but not limited to scheduling, quality of services, dealer inventory, dealer price, and any other issues that may result from your transaction with the Dealers.

Comments, Feedback, and other Submissions

TiresWhere welcomes your comments, feedback, and other submissions through the Site. We do not, however, accept confidential or proprietary information. Accordingly, you represent and warrant that all comments, feedback, suggestions, creative materials, information, ideas, notes, drawings, concepts, inventions or other submissions disclosed, submitted, made available or offered to TiresWhere using the Site (collectively, "Data") are accurate, not confidential, and not in violation of any contractual restrictions, or other third party rights. Subject to the Privacy Policy, by making a submission, you grant to TiresWhere a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to collect, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any and all Data without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Terms of Use. You agree that you will not provide us with any Data that could allow an individual person to be identified unless there is a field for the provision of such Data.

You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable content, or information. TiresWhere reserves the right to remove or edit user-generated content, from time to time, but TiresWhere does not control or direct users' actions on the Site and hence will not be responsible for user-generated content or information that may be available on the Site.

Disclaimer

The Site and all Content, information, services, and products of the Site are provided on an "as is" basis without warranties of any kind, either express or implied, including, but without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance. TiresWhere makes no warranties or representations about the accuracy or completeness of the Content and assumes no liability or responsibility for errors, mistakes or omissions in the Content or personal injury or property damage of any kind arising out of the use of or inability to use the Site.

You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that TiresWhere will not be liable for any damages of any kind related to your use of the Site. TiresWhere makes no warranty that (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site or pursuant to your use of the Site will meet your expectations; (v) any errors on the Site will be corrected; or (vi) the Site or services on which they are hosted are free of viruses or other harmful components.

Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to you.

Limitation of Liability

In no event will TiresWhere be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, tort, or other theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if TiresWhere had been advised of such damages. In particular, and without limitation, TiresWhere will not be liable for the damages of any kind resulting from the use of or the inability to use the Site or from any Content posted on the Site by TiresWhere or anyone else. TiresWhere does not represent or endorse the accuracy or reliability of any user-generated content displayed, uploaded, posted on any message board, or otherwise distributed through the Site and will not be liable for any damages resulting from user-generated content. However, nothing in this paragraph will be interpreted to affect the individual product warranties that are standard for TiresWhere products.

Your sole remedy for dissatisfaction with the Site or the Content is to stop using the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you. You agree that use of the Site is at your sole risk and you shall be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Site, or the downloading or use of any materials, data, text or images from the Site.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold TiresWhere, its affiliates, and their officers, directors, shareholders, agents, employees, successors harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to, a violation by you or your agents of these Terms of Use, your infringement of any third party right, including but not limited to any intellectual property or proprietary right, your use of the Site or any other person accessing the Site using your Internet account, or the use of the Site by any other person accessing the Site on your behalf or acting as your agent.

Forward-Looking Statements

The Site, and any documents issued by TiresWhere and available through the Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. The words "aims," "anticipates," "believes," "expects," "intends," "plans," "predicts," "projects," or "targets," as well as other words or expressions of similar meaning, are intended to identify forward-looking statements. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. These forward-looking statements are based on the opinions and estimates of management at the time the statements are made and neither represents predictions nor guarantees of future events or circumstances. There are a variety of factors, many of which are beyond TiresWhere’s control, that affect its operations, performance, business strategy and results and could cause its actual results and experience to differ materially from the assumptions, expectations and objectives expressed in any forward-looking statements. These factors are discussed in TiresWhere’s filings with the U.S. Securities and Exchange Commission, including TiresWhere’s Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K. While TiresWhere may elect to update forward-looking statements at some point in the future, TiresWhere specifically disclaims any obligation to do so, even if its estimates change.

Applicable Laws

Your use of the Site will be governed in all respects by the laws of the State of Ohio, USA, without regard to choice of law provisions. You consent and submit to the sole and exclusive jurisdiction and venue of the courts located in the State of Ohio, USA in any legal proceeding directly or indirectly arising out of or relating to the Site. By using the Site, you consent to service of process in accordance with the rules of such courts, irrevocably submit to the jurisdiction of such courts, and waive any objection that you may have to either the jurisdiction or venue of such courts. Furthermore, you hereby irrevocably waive the right to trial by jury. TiresWhere's failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. TiresWhere may assign its rights and duties under this Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the above, you agree that TiresWhere will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

TiresWhere makes no representation that materials in the Site are appropriate or available for use in countries outside the USA or Canada and prohibits access from territories where the Content is illegal. Those who choose to access the Site from locations outside the USA or Canada do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials will be governed by the substantive laws of the State of Ohio.

In any action against TiresWhere arising from the use of the Site, the prevailing party will be entitled to recover all legal fees and expenses incurred in connection with the action, including but not limited to reasonable attorney’s fees and costs.

Ability to Agree to Terms of Use

The Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms of Use.

Your Account

If you use the Site, 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 and password. TiresWhere does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. TiresWhere reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Miscellaneous

The terms and conditions found in this Terms of Use and in the Privacy Policy set forth the entire understanding and agreement between you and TiresWhere with respect to the Site unless certain services offered through the Site requires your agreement to additional terms and conditions. You acknowledge that any other agreements between you and TiresWhere with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.