Terms and Conditions
TireTeam's web site (the "Site") is an online information service provided by TireTeam, subject to the following terms and conditions set forth below. PLEASE READ THIS INFORMATION CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. THESE TERMS AND CONDITONS MAYBE CHANGED AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are TireTeam, its affiliates or other third party licensors. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email. You also grant us to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right.
2. Use of the Site.
When you use the site you assume total responsibility and risk for your use of the website and the internet. The site and the information on the site is provided “as is”. We do not make any expressed or implied warranties, representations or endorsements whatsoever (including warranties or fitness for a particular application. It is your responsibility to evaluate the accuracy, completeness and appropriateness of all opinions, advice, services, merchandise and any other information provided on the website.
LIMITATION OF LIABILITY
In no instance will TireTeam be liable for:
- Any incidental, consequential or indirect damages (including but not limited to loss of profits or business, loss of programs or information, etc) arising out of the use or inability to use or from downloaded information from the website.
- Any claim attributable to errors, omissions, or other inaccuracies in the website and/or materials or information downloaded from the website. Since some stated do not allow the exclusion or limitation of liability for consequential or incidental damages the above limitation may not apply to you. In these states TireTeam's liability is limited to the greatest extent permitted by law. TireTeam makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a these linked sites, understand that we have no control over the content on that website. Further a link to another site does not mean that we endorse or accept any responsibility for the content of that site.
You agree to indemnify, defend and hold harmless TireTeam, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of TireTeam its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be performed in Ohio. You agree that any legal action or proceeding between TireTeam and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ohio.
TireTeam is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by TireTeam.
8. Reservation of Rights.
Any rights not expressly granted herein are reserved.