TERMS OF USE
1. Agreement.
These Terms of Use represent a legal “Agreement” regarding Your access to and use of this branded website and/or mobile application (“Site”), which is owned and operated by Dealer Tire, LLC (hereinafter referred to as “Dealer Tire”, the "Company", "We", "Us" or "Our”) for the benefit of the Site’s Branded Sponsor(s). By accessing, browsing, or using this Site You acknowledge that You have read, understand, and agree to be bound by the terms and conditions contained herein and to comply with all applicable laws in doing so. If You don't agree to be bound by these Terms of Use, you are not authorized to access, browse or use this Site. This Site is operated by the Company directly or under license through its affiliated businesses. These Terms of Use govern your use of this Site and all of the Sites operated by Us (unless a different Terms of Use policy is provided on a particular website, in which case such different policy shall control). We reserve the right in our sole discretion to modify, alter, or otherwise change these Terms of Use (with or without notice). We will post any changes on the Site, and any changes will become effective immediately upon being posted. We encourage You to revisit and review the Terms of Use posted on the Site periodically. Your continued use of this Site after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes.
You may terminate this legal Agreement with Us at any time by providing notice in accordance with the "Contacting Company" section below, closing your user account (see the "Your Account" section below), and discontinuing any use of the Site. We may terminate this agreement with You at any time: (a) if You have breached or threatened to breach these Terms of Use, our Privacy Policy, or the Terms of Sale; (b) if we are required to do so by law; or (c) if we no longer make the Site available for any reason or for no reason.
2. General Usage of the Site:
By visiting and/or using this Site, You agree that You will:
• only use the Site as permitted by these Terms Of Use and as permitted by law;
• not access, or attempt to access, restricted or registration-required portions of the Site by any means other than the interface provided by Us;
• not use the Site to threaten, harass, intimidate, stalk, or abuse another user, the Company, or its Branded Sponsors, their agents, and/or employees;
• not transmit, post, send, upload, distribute, submit, or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of us), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
• not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
• not interfere with or disrupt the use and enjoyment of the Site by us or any third party;
• not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with the Company's or any third party's use and enjoyment of the Site and any other software, hardware and data;
• not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• not transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
• not resell, frame, duplicate, reproduce or otherwise commercially exploit the Site without the prior written agreement of the Company;
• not remove, obscure or alter any proprietary rights notices on the Site or any material obtained from or through the Site; and
• not violate any applicable local, state, federal or international law, rule or regulation.
Without limiting the foregoing, and except as may be expressly permitted by these Terms Of Use or by the Company, or as may be a result of standard search engine or internet browser usage, you will not use any robot, spider, rover scraper, or any other data mining or aggregating technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Site, any affiliated, linked or powered websites or any content of the Site or any affiliated, linked or powered websites.
We will determine your compliance with these Terms of Use in our sole discretion and our decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may also be referred to law enforcement authorities.
3. Interactive Areas of the Site.
We may make user forums, bulletin boards, blog comment areas, testimonials, reviews and other interactive areas available to users of the Site. As a user, You may express your opinions and share information in these interactive areas. While we do not currently limit the number of postings You may make, we may, in our sole discretion, limit the size and number of postings and transmissions that You make using the Site. Your conduct in the interactive areas of the Site is subject to all of the Terms of Use. You acknowledge and agree that we may disable access to your account for any violation of these Terms of Use, which may prevent You from accessing areas of the Site.
You acknowledge and agree that the Company is not responsible for the conduct of users in the interactive areas of the Site. THE COMPANY, FOR ITSELF AND ITS BRANDED SPONSORS, SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF THE SITE.
You acknowledge and agree that You may be exposed to content posted by third parties that You may find offensive, indecent or objectionable, and in such respect, You use the Site at Your own risk. Likewise, we do not and cannot review every message posted by users in the interactive areas of the Site, and we are not responsible for the content of such messages or the views or opinions expressed by the author of any message. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by You to the Site for any reason in our sole discretion. You understand that any content that You post and/or upload on the Site will be considered a submission for purposes of these services. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of us or to protect the safety of our users or the public.
4. Your Account.
In order to access and/or use certain areas of the Site, You may need to create a user account and also may be required to provide us personally identifiable information. You may access Your account information and update Your account at any time as described in our Privacy Policy. You agree that You are solely responsible for Your user account and any use of Your login and password. If You become aware of any compromise of Your account information or any unauthorized activity under Your user account, You agree to notify us immediately as set forth in the "Contacting Company" section below. We reserve the right to terminate a user account and/or deny access to the Site to any person in our sole discretion for any reason or no reason at all. You agree that any information that you provide will be accurate and that you will make reasonable efforts to keep that information up to date.
5. Promotions.
This Site may contain or offer rebates, contests or other promotions, which may be governed by separate rules that describe the rebates, contests or promotions and may have specific eligibility requirements, such as age or geographic area restrictions or date of purchase and installation of the goods and services. It is Your responsibility to read those rules to determine whether or not Your participation, registration or entry will be valid and to determine the sponsor's requirements of You in connection with the applicable sweepstakes, contests, or promotions.
6. Ownership of Content.
This Site and all of the content on the Site (as updated from time to time), including, without limitation, any trademarks, logos, domain names, trade names, service marks, wallpaper, artwork, images, graphics, music, text, software, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned and/or licensed by Us and/or our Branded Sponsors and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Except for the limited license granted in the following paragraph, nothing contained in these Terms of Use or on the Site, or any website powered by this Site, should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on this Site. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate our intellectual property rights or the rights of others. You are advised that we will enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
NOTICE: Without limiting the generality of the foregoing, certain automotive images or video contained herein are owned by EVOX Productions LLC ("EVOX") and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained herein, each of which have independent economic value. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this misappropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.
7. License of Submissions and Postings.
By posting any materials to an interactive portion of this Site, You represent and warrant that those materials are Your original works and do not infringe upon, misappropriate, or otherwise violate any rights of any third parties, including, without limitation, any intellectual property rights, any other proprietary rights, or any rights of publicity or privacy. You agree to execute any documents and take all steps that we determine is necessary to give effect to the intentions of these Terms of Use. You agree and understand that the Company is not obligated to use or post any materials You make available to the Company through the Site or otherwise, and You have no right to compel such use. You further agree that You are solely responsible for any materials that You post or submit to the Site and for the consequences of Your actions by making such post or submission (including, without limitation, any damage suffered by us or our affiliates). If you post any materials to an interactive portion of the Site (e.g., user forums, testimonials, blog comment posts, etc.) or submit any materials to Us, you hereby irrevocably grant to the Company, the Site’s Branded Sponsor, their respective affiliates, and any third party’s whom operate or control websites powered by this Site, a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers, translate, create derivative works of, and/or distribute all such materials and portions of any materials that You submit or post to the Site (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information. Without limiting the foregoing, without remuneration of any kind, any material that you submit locally, nationally, or globally may be used, and such use may be made in any media, information, or communication platform (including internet advertising currently in use), whether now existing or later developed.
By submitting a testimonial or product review, You acknowledge and agree that You are solely responsible for the accuracy and content of the submission and You represent and warrant that the testimonial or review is original to You, that no other party has any rights thereto, and that any "moral rights" in such testimonial are hereby waived. Further, You agree that Your personal information submitted in connection with the testimonial is subject to the Privacy Policy. By submitting a testimonial or product review, You further acknowledge that You will receive no compensation from the Company or any other entity other than any goodwill and publicity that You may receive relating to the publication, distribution or other use of the testimonial or product review You submit.
You hereby acknowledge and agree that Your relationship with the Company is not a confidential, fiduciary, or other special relationship, and that Your decision to submit any material to the Company or to post any such information on the Site does not place the Company, Branded Sponsor, their respective affiliates, or any third parties in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. Further, by submitting any material by way of the Site, you also hereby release and discharge the Company, any owners and/or operators of any websites powered by this Site, their respective affiliates, subsidiaries, employees, agents, successors, licensees and assigns from any and all claims that you might have in connection with the use, publication, display, reproduction, distribution or exploitation of the submitted testimonial or product review, including, but not limited to, any claims for defamation; violation of any moral or artist rights (even if such material is altered or changed in a manner not agreeable to you); and/or any right of privacy or publicity.
8. Linking and Third Party Websites.
Linking. By accessing or linking to this Site, You assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. The appearance of any link on the Site in no way constitutes an endorsement by the Company of any third-party products or services. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, but assume no obligation to terminate a link with any website for any reason or no reason at all, including without limitation any website that we deem to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms Of Use.
Third-Party Websites. As a convenience to You, we may provide links on this Site to websites operated by other entities, including Company affiliates. These websites are beyond our control, and the websites may have practices or policies that are different from these Terms of Use, our Privacy Policy or our Terms of Sale. Company makes no representations or warranties regarding these other websites or any information appearing on such websites. In addition, links from this Site do not imply that Company sponsors or endorses these other websites or any products/services described on such websites.
9. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL CONTAINED OR MADE AVAILABLE ON OR THROUGH IT (INCLUDING, WITHOUT LIMITATION, ALL USER POSTS) ARE PROVIDED AND MADE AVAILABLE SOLELY "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. YOU FURTHER AGREE THAT THE COMPANY, BRANDED SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM, OR IN CONNECTION WITH, THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ANY RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BY ACCESSING THIS SITE, I UNDERSTAND THAT I AM WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS (OR SIMILARLY): "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
The Company further makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by the Company. Views and opinions of users (including the weblogs of our employees) on the Site do not necessarily state or reflect those of the Company or its Branded Sponsor. Despite our efforts, the fact is the Internet is inherently insecure. The Company expressly disclaims any and all liability, and You agree that the Company along with any operator of a website powered by this Site, will not be liable to You in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and You should consider this before e-mailing any information through this Site. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason. And one more thing totally unrelated to our Site, beware of those money scams that sometimes appear in your email. Whoever that "wealthy" guy supposedly is, he's not going to give you a bunch of his money if you just wire him some of your money.
10. Indemnification.
You agree to defend, indemnify and hold harmless the Company, Branded Sponsor, its and their respective affiliates, subsidiaries, licensors and assigns, as well as each of their officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or in any way related to your use of the Site or any materials downloaded, obtained, used or otherwise accessed or acquired through the Site: (i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that attempts, commits or results in any actual or alleged infringement, misappropriation or violation of any third party's rights; or (iii) in breach of any agreement between you and any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle any such matter without the prior written consent of the Company. This indemnification section will survive any termination or expiration of these Terms of Use.
11. Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act, the Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. The Copyright Agent may be reached at copyright@dealertire.com or by mailing Dealer Tire, LLC, 7012 Euclid Avenue, Cleveland, Ohio 44103. Attention: Copyright Agent. If You believe that Your work has been copied in a way that constitutes copyright infringement, please promptly provide the Copyright Agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has 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 that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Location.
The Company operates this Site in the United States. Information contained on the Site may not be appropriate or available for use in other locations, and access to, possession, or use of this Site from territories where the content, possession, or use of the Site may be illegal is prohibited. If You access this Site from other locations, You do so on Your own initiative and You are solely responsible for compliance with applicable local laws. These Terms of Use shall be construed and enforced in accordance with the laws of the State of Ohio and the United States of America, without regard to their respective conflicts of law principles. You agree that any lawsuit filed by You with respect to the Terms of Use and/or Your use of the Site or any website powered by this Site to the extent not otherwise covered by its own Terms of Use, must be filed exclusively in the federal courts located in the County of Cuyahoga, State of Ohio, United States of America.
13. Contacting Company-Consumer Rights.
Any questions or concerns regarding these Terms of Use should be directed to: copyright@dealertire.com; or by mailing to: DEALER TIRE, LLC, 7012 Euclid Avenue, Cleveland, Ohio 44103. Attention: Copyright Agent.
UNDER CALIFORNIA LAW (CIVIL CODE SECTION 1789.3, CALIFORNIA USERS OF THIS SITE ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE, WHERE APPLICABLE: IF YOU HAVE ANY QUESTIONS OR COMPLAINTS REGARDING THE SITE, PLEASE SEND AN EMAIL OR CONTACT US IN WRITING AT THE ABOVE REFERENCED CONTACT ADDRESSES, OR BY CALLING US AT (216) 432-0088. CALIFORNIA RESIDENTS MAY REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER AFFAIRS OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
14. Mobile Device Access and Application Terms of Use.
If You are using a mobile device to access the Site, or using a Company sponsored, licensed or operated Mobile Application (“Application”), the following additional terms and conditions apply to You in addition to the Terms of Use, Privacy Policy and Terms of Sale for the Site. Your use of a mobile device to access the Site and/or use of a Company Mobile Application confirms your agreement to these additional terms. These Terms of Use are an Agreement between You and Company, and not with Your mobile device service provider and/or manufacturer. You understand that a mobile Application may not share the same functionality as the full Site. When you use our mobile Application, Company grants You the limited right to use the Application only for Your personal use. You are solely responsible for compliance with all applicable laws and third party terms of use when using the Application (e.g. third party websites, wireless data provider service agreements, and device manufacturer terms and conditions) as well as any End-User License Agreement associated with the Application download. Mobile Applications and/or their underlying technologies may not be exported or downloaded to or through (a) any country subject to a United States embargo; (b) any prohibited country, person or entity specified by U.S. export and/or commerce laws. You are solely responsible for compliance with these restrictions.
You further agree that You are solely responsible for all message and data charges that apply to use of Your mobile device to access the Site or Your use of the Application. All charges, fees, terms and conditions relating to Your mobile device and its usage are between You and Your mobile service provider and/or the manufacturer of Your device. Additional terms and conditions may apply to Your use of our Site and/or Applications based on the type of mobile device you use. Please contact Your service provider and/or mobile device manufacturer for details.
Company owns, is the licensee or may be the licensor, where applicable, to all right, title and interest with respect to the Application, including but not limited to all rights under patent, copyright, trademark, trade secret, and related laws. You will not modify, prepare derivative works, reverse engineer, decompile, disassemble or otherwise attempt to obtain source code from the Application.
If the Company now or in the future offers a text messaging or similar marketing or communications program directly to Your mobile device or through the Application, Your use of the Application and/or providing Us with Your mobile device phone number (through the Site and/or the Application) is considered advance consent to receive text messages and in-app communications and offers from an automated system (“Offers”). Your consent was not and is not a condition of purchasing any property, goods, or services from us or any third parties. If You wish to Opt-Out or withdraw consent and unsubscribe to text messaging, You may text STOP or UNSUBSCRIBE to the appropriate shortcode at any time. If You do not wish to receive Offers through the mobile Application You must delete the Application from Your mobile device. Offers may be based on Your particular location or purchase history and may be subject to additional terms and conditions as described in the Offer.
15. Privacy Policy & Terms of Sale.
You acknowledge that you have read these Terms of Use, the Site’s Privacy Policy and the Site’s Terms of Sale, as well as those of Branded Sponsor, where applicable, and agree to be bound by the terms of such policies. You will indemnify the Company from any losses or damages it may suffer (including its reasonable attorney’s fees) as a result of your failure to abide by these various terms and policies.
16. Force Majeure.
In no event shall We be liable to You for any delays or other damages caused by, or impairment of, performance with respect to use of this Site resulting in whole or in part from any act outside of our control, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, severe weather conditions, catastrophic events, or any other circumstance or cause beyond our reasonable control.
17. Waiver, Choice of Law and Venue.
The failure of a party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by any party. These Terms of Use as pertain to and enforced by or against Dealer Tire, LLC and its affiliated business entities shall be governed by the laws of the State of Ohio, excluding its conflict of law rules, and exclusive venue for any such claim shall be in a court of proper jurisdiction in Cleveland, Ohio, Cuyahoga County. Any claims arising hereunder between You and a Branded Sponsor, a Dealership, or any third party shall be governed by the law of the State in which the Branded Sponsor is principally located.
18. Severability.
If any portion of these Terms of Use are found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these Terms of Use, and the remaining terms and conditions shall be valid and fully enforceable as written.
19. Modification of Terms.
Your acceptance of these Terms of Use shall be presumed when you access or use this Site for any reason. No additions or modifications of these Terms of Use by You shall be binding upon the Company, Branded Sponsor, or any applicable Dealership unless agreed to in writing and signed by an officer of each of such entities. Any conflicting or supplementary terms in any purchase order or other documentation submitted by You with respect to use of this Site are hereby disclaimed.
20. Complete Agreement.
These Terms of Use (along with our Privacy Policy and Terms of Sale which are incorporated herein by reference), as well as any Branded Sponsor or Dealership Terms of Sale, Privacy Policies, and Terms of Use constitute the entire and exclusive agreement between Us and You related to Your use of this Site, and supersede any prior agreements between the parties, whether orally or in writing, with respect to the specific subject m