Effective as of February 22, 2010
Access and Registration
Notwithstanding the foregoing, you acknowledge and agree that Dealer Tire, in its sole discretion and without notice or any further obligation to you, may: (a) temporarily suspend or permanently discontinue your access to or use of the Site for any reason, or (b) take any other necessary or appropriate actions in case of technical problems, objectionable material, false, misleading, unlawful, or inaccurate postings.
Use and Restrictions
You further agree that you will not:
- Submit, display, or transmit any content via the Site, or the systems or services on which the Site are hosted, in violation of any proprietary, privacy, publicity, or other rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules, and regulations.
- Submit, display, or transmit any images, photographs, graphics, links, audio files, video files, or similar content that exceeds Dealer Tire’s capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit.
- Submit, display, or transmit any spam, duplicative messages, unauthorized promotions, or advertisements, surveys, contests, chain letters, or pyramid schemes.
- Use the Site to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity.
- Submit false, duplicative, or misleading information (e.g., in connection with any Points Plus or other promotional, contest, sweepstakes, rebate, return, or refund program).
- Publish, post, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful content.
- Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site unless expressly authorized to do so.
- Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software, applications, or programs.
- Restrict or prevent any other user of the Site from using the Site.
Dealer Tire has no obligation to monitor the Site. However, Dealer Tire reserves the right to review any content, and remove, delete, redact, or otherwise modify such content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Dealer Tire has no obligation to display or post any content submitted by a user.
- Director Marketing
- c/o Dealer Tire, LLC
- 7012 Euclid Ave
- Cleveland, Ohio 44103
All trademarks, service marks, and logos that appear on the Site are proprietary to Dealer Tire or their respective owners. You may not use, display, or reproduce the marks other than with the prior written consent of Dealer Tire, and you may not remove or otherwise modify any trademark notices from any Content received through the Site.
<dataone software logo> © Certain automotive content displayed within this website and applications described therein, Copyright DataOne Software (2000-2015) and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording, or modification of this content is strictly prohibited.
Dealer Tire may, directly or indirectly, make improvements and/or changes in the Site or any portion thereof at any time without notice or obligation to you. Any services and Content (including, without limitation, prices, specifications, designs, conditions, and product descriptions) offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Dealer Tire reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any services or Content offered through the Site, at any time and from time to time, regardless of whether such services or Content were previously offered at no charge.
You acknowledge and agree that any login code, identifier, or password (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site, using such Password. You acknowledge and agree that you are responsible for any use of your username, user ID, login, and/or Password, including any fees incurred. You agree to notify Dealer Tire immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Dealer Tire.
Dealer Tire cannot be responsible, and disclaims all liability in connection with, the use of any information that you submit, post, or display on the Site. You should use caution when posting any information, including personally identifiable information to the Site.
Links to Third-Party Websites
The Site may contain links to websites and other resources operated by third parties other than Dealer Tire. Such links are provided solely as a convenience to you. Dealer Tire does not control such websites, and is not responsible for the content, products, or services offered through such websites. Dealer Tire’s inclusion of links to such websites does not imply any endorsement of any website, or the content, products, or services offered through any website, or of any company or person. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
Sweepstakes, Promotions and Contests
From time to time, we may offer, advertise, and/or co-sponsor contests, sweepstakes, promotions, and games via the Site. Each of these programs will be subject to the specific rules posted in connection with such programs, including, without limitation; any rules, regulations, or terms and conditions imposed by applicable law and/or any third parties participating in such programs.
Rebates and Incentives
Information regarding rebates and incentives as they appear on the Site are provided to Dealer Tire from independent third-party manufacturers and data providers and republished for your convenience and informational purposes only. Though Dealer Tire uses reasonable efforts to ensure the accuracy of information provided, you may not rely on such information, and such information is not intended to substitute for direct communication between you and the manufacturer or dealer. Any regional and national cash incentives or rebates offered to dealerships or consumers by the manufacturer are exclusively between you or the consumer and the manufacturer or dealer, and may affect the sale price of a tire. Dealer Tire does not provide or participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.
In the event that you have a dispute with one or more users of the Site, you hereby irrevocably release Dealer Tire and its directors, officers, agents, affiliates, subsidiaries, employees, successors, and assigns from any claims, demands, or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to, or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code Â§ 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Warranties and Disclaimers; Limitation of Liability
Doc 3427923 Ver 4