TERMS OF USE AGREEMENT

1. Welcome to TiresEtc.com (hereinafter referred to as "Tires Etc."). By using this website, you accept this Terms of Use Agreement. This is a legally binding agreement between you and Tires Etc. - please read it carefully.

2. ACCEPTANCE OF TERMS
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement. Tires Etc. reserves the right to modify these Terms of Use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use are effective immediately upon User’s receipt of notice from Tires Etc.. Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. Tires Etc. has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. Tires Etc. can restrict access to any or all portions of the site or remove any information or content from the site at any time. Tires Etc. reserves the right to monitor use of the site.

User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

3. USER ACCOUNTS
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. Tires Etc. reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.

4. COPYRIGHT AND MARKS
All content on the site (with the exception of content provided by Tires Etc.’s third party content providers and materials posted by Users) are the copyrighted property of Tires Etc.. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of Tires Etc.. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.

Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material, but they are deemed to have given Tires Etc. a license to the material sufficient for the purposes of operating the web site, which means Tires Etc. can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. Tires Etc. also has the right to remove User content from the site at any time for any purpose.

5. PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

a) Use any device or other means to harvest information about other Users.
b) Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
c) Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or any Tires Etc. employee’s computer or other medium used to access the site.
d) Post any material on the site that is offensive to any other User. Tires Etc. maintains the exclusive right to determine what is offensive.
e) Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
f) Modify the information, including headers, found on the web site.
g) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
h) Engage in any action which Tires Etc. determines is detrimental to the use and enjoyment of the site.
i) Use the site for any unlawful or defamatory means.
j) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
k) Attempt to access, or access, the personal information of another User which is stored on this site.
l) Permit any person to access this site using the User’s password.
m) Attempt to, or access, this site using another User’s password.
n) Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Tires Etc. reserves the right to bar any such activity.
o) Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other User or any other customer of Tires Etc., including any Tires Etc. account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

6. DISCLAIMER AND LIMITATION OF LIABILITY
Although Tires Etc. has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER Tires Etc. NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF Tires Etc., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Tires Etc. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL Tires Etc. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL Tires Etc. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

ALL TIRES SOLD BY Tires Etc. MUST BE INSTALLED BY A REPUTABLE TIRE INSTALLER AND SHOULD NOT BE SELF-INSTALLED. Tires Etc. REFERS TO INDEPENDENT INSTALLERS FOR THE INSTALLATION OF TIRES. Tires Etc. IS NOT LIABLE FOR ANY DAMAGES THAT OCCUR FROM THE IMPROPER INSTALLATION OF TIRES, OR ANY DAMAGES THAT OCCUR ON THE INSTALLERS PROPERTY. Tires Etc. HAS NO LIABILITY FOR ANY SERVICES PROVIDED BY THE INDEPENDENT INSTALLERS IT REFERS CLIENTS TO, NOR DO WE DIRECTLY ENDORSE SUCH INSTALLERS. ANY CLAIMS RESULTING FRO INSTALLATION ARE THE SOLE LIABILITY OF THE INSTALLER AND Tires Etc. IS NOT LIABLE FOR ANY DAMAGES DUE TO THE INSTALLER OR ITS EMPLOYEES. Tires Etc. IS ALSO NOT RESPONSIBLE FOR ANY CLAIMS IF TIRES ARE SELF-INSTALLED.

7. THIRD PARTY CONTENT
Tires Etc. is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and Tires Etc. is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Tires Etc.. Tires Etc. assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.

Tires Etc. MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.ADDITIONALLY, Tires Etc. DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

8. USER CONTENT
Tires Etc. may from time to time and at its sole discretion post content on the site that has been submitted to Tires Etc. by User, including but not limited to product reviews or other comments (collectively, "User Content"). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User retains the copyright in any User Content and grants Tires Etc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants Tires Etc. the right to use the name submitted by User in connection with User Content, if Tires Etc. so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify Tires Etc. for all claims resulting from the User Content. Tires Etc. has the right but not the obligation to monitor and edit or remove any User Content. Tires Etc. takes no responsibility and assumes no liability for any User Content.

9. INDEMNIFICATION
User agrees to defend, indemnify and otherwise hold harmless Tires Etc. and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.

10. SECURITY
Users are prohibited from violating or attempting to violate the security of the site. Tires Etc. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

11. VIOLATION OF THESE TERMS OF USE
Tires Etc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tires Etc.'s rights or property, or the rights or property of visitors to or users of the site, including Tires Etc. customers. Tires Etc. reserves the right at all times to disclose any information that Tires Etc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tires Etc. also may disclose your information when Tires Etc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Tires Etc. may preserve any transmittal or communication by you with Tires Etc. through the site or any service offered on or through the site, and may also disclose such data if required to do so by law, or Tires Etc. determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of Tires Etc., its employees, users of or visitors to the site, and the public.

You agree that Tires Etc. may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tires Etc., for which monetary damages would be inadequate, and you consent to Tires Etc. obtaining any injunctive or equitable relief that Tires Etc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tires Etc. may have at law or in equity.

You agree that Tires Etc. may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems. If Tires Etc. does take any legal action against you as a result of your violation of these Terms of Use, Tires Etc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tires Etc.. You agree that Tires Etc. will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.

12. TERMINATION OF AGREEMENT
Either Tires Etc. or User may terminate this Agreement at its discretion. In addition to Tires Etc.’s other rights, Tires Etc. may terminate access to this site or cancel membership to any service that Tires Etc. provides on the site, if User breaches this Agreement in any way or engages in conduct that Tires Etc. deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8, 9 and 11 shall survive.

13. LINKS
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray Tires Etc. or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any Tires Etc. logo or other proprietary graphic or trademark as part of the link without express written permission. Tires Etc. reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other Tires Etc. proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing Tires Etc.’s name or trademarks without Tires Etc.’s express written consent.

14. COPYRIGHT PROTECTION
Tires Etc. honors the intellectual property rights of others and asks the same of Users of the site. Tires Etc. may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Tires Etc. with the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyright 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;
c) 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 Tires Etc. to identify the material;
d) Information that is reasonably sufficient to permit Tires Etc. to contact the complaining party, such as address, telephone number and, if available, e-mail address;
e) A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) 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.

Tires Etc. can be contacted at:

By email: gvaughan@tiresetc.com

15. POLICIES
Pricing
Despite our best efforts, a small number of tires may be mispriced. If we discover this, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Out of Stock
Occasionally Tires Etc. may be temporarily out of stock on a certain tire. In that case we will either contact you to re-schedule your installation, or cancel your order and notify you of such cancellation.

Returns and Refunds
You may return new tires to Tires Etc. within 10 days of receipt for a refund, excluding installation costs, plus a $15 a tire return shipping/restocking fee. Only unused product that has not been driven on is eligible for return. Please call us for a Return Authorization Number. You should expect to receive your refund within four weeks of returning your tires. All tires are sold FOB Origin. Defective tires are the responsibility of the manufacturer. Tires Etc. will work with you to resolve warranty issues if necessary.

Tread Warranty
The tires sold by Tires Etc. are warranted by the manufacturer of the tire. If you think your tire is eligible for replacement under the manufacturer’s warranty, you can take that tire to any dealer that carries your brand. Moreover, we will be happy to assist in obtaining fulfillment of a manufacturer’s warranty.

Road Hazard Program
Road hazard damage is damage that occurs when a tire fails as a result of a puncture, bruise or break incurred during the course of normal driving on a maintained road. Common road hazards include potholes, curbs, nails, glass, and sharp objects. None of these are covered by the manufacturer’s warranty. We would be glad to discuss a road hazard policy with you.

16. MISCELLANEOUS
These Terms of Use constitute the entire agreement between Tires Etc. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Tires Etc. and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, Tires Etc. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Tires Etc.’s remedies are cumulative and not exclusive. Failure of Tires Etc. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Tires Etc. makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Pennsylvania, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Bucks County, State of Pennsylvania, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.