By accessing this Site you agree: (i) that you are at least eighteen (18) years of age; and (ii) to all the terms and conditions of these Terms. You acknowledge that you have read and understood these Terms and that these Terms have the same force and effect as a signed agreement. You further agree that the Terms shall be governed by and construed in accordance with the laws of the State of VA. Any dispute under or related to these Terms shall be brought exclusively in the state or federal courts in County, VA. These Terms supplement any terms and conditions entered into by and between you and us in connection with the purchase of tires, including but not limited to terms stated in a purchase order, but do not supersede those terms in the event of any conflict. You may terminate this agreement at any time by providing notice to us in accordance with the "Contacting Us" 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; (b) if we are required to do so by law; or (c) we no longer make the Site available for any or no reason.
General Usage of the Site.
You agree that you will: only use the Site as permitted by these Terms; not resell, frame, duplicate, reproduce or otherwise commercially exploit the Site or any goods purchased as a result of your use of the Site, without our prior written agreement; and not violate any applicable local, state, federal or international law, rule or regulation.
We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.
Links to Other Websites; Statement of Non-affiliation and Non-endorsement.
From time to time, we may offer and/or advertise promotions and coupons via the Site. Each of these will be subject to the specific rules and/or terms and conditions posted on and/or in connection with such promotion or coupon.
Informational Purpose Only; Responsibility for Content You Provide.
The information on this Site, including but not limited to the tires quoted per your request, is provided for informational purposes only and is not intended or recommended as a substitute for professional advice or to constitute a purchase of such tires. You acknowledge and agree that you are solely responsible for the accuracy of any tire information you provide in order to receive a quote from us and that any quote generated by us is based upon such information. You acknowledge and agree that we have no knowledge as to the accuracy of the tire information you input to receive a quote and that we have no liability relating to the performance of the tires in connection with your vehicle.
You agree to indemnify, defend and hold harmless us, our affiliates, and each of their officers, directors, employees, agents, suppliers, licensors, third party partners, successors and assigns from and against all claims, losses, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to: (a) any violation by you of these Terms; (b) any content or other information provided by you through the Site; or (c) your use of the Site.
Warranty Disclaimer and Limitation of Liability.
THE SITE, INCLUDING ALL CONTENT ON AND SERVICES OFFERED IN CONNECTION WITH THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT THE INFORMATION ACCESSIBLE VIA THE SITE, INCLUDING BUT NOT LIMITED TO THE INVENTORY AND/OR AVAILABILITY STATUS OF ANY PARTICULAR TIRE OR TIRE PRODUCTS, IS ACCURATE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO US THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.
WE DO NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS OF ANY PARTICULAR MANUFACTURER OR PARTNER. WE DO NOT GUARANTEE THAT THE SERVICES OR PRODUCTS PROVIDED TO YOU THROUGH THIS SITE ARE THE BEST PRODUCTS, SERVICES, TERMS OR LOWEST RATES AVAILABLE. YOU SHOULD RELY ON YOUR OWN JUDGMENT IN DECIDING WHICH AVAILABLE PRODUCTS AND SERVICES BEST SUIT YOUR NEEDS AND FINANCIAL MEANS.
NOTHING CONTAINED ON THIS SITE SHALL CONSTITUTE AN OFFER OR PROMISE OF A SPECIFIC PRODUCT, SERVICE, SAVINGS OR PRICE. WE OFFER NO EXPRESS OR IMPLIED WARRANTIES ON ANY TIRES. UNLESS OTHERWISE STATED BY THE MANUFACTURER, ALL TIRES ARE SOLD "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED WARRANTIES REGARDING ANY TIRES ARE THAT OF THE MANUFACTURER. WE DO NOT GUARANTEE ANY TIRE PRICES OR AVAILABILITY. ALL ARTICLES, ANNOUNCEMENTS, ALERTS, GUIDES, GUIDELINES AND OTHER INFORMATION ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU MAY NOT RELY ON ANY SUCH ARTICLES, ANNOUNCEMENTS, ALERTS, GUIDES, GUIDELINES OR OTHER INFORMATION, AND WE SHALL NOT HAVE ANY LIABILITY IN CONNECTION THEREWITH.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, OUR LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES OR THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE CONTENT OR THE SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Unless otherwise indicated, all of the trademarks, service marks, and logos displayed on this Site are registered and unregistered trademarks of ours, our affiliates or subsidiaries, third parties whose products we sell, or third parties who have licensed their trademarks to us. In addition, all content contained on this Site or in commercially produced information presented to you through the Site (collectively, "IP Content") is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use IP Content as expressly authorized by the applicable third-party owner, us, our affiliates or the applicable licensor(s). Nothing contained herein transfers any right, title, or interest in the Site or the IP Content to you. Any rights not expressly granted herein are reserved.
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