Effective as of February 22, 2010

Dealer Tire grants you access to the website and all services provided in connection with this website (collectively, the “Site”), conditioned on your acceptance of the terms, conditions, and notices contained herein, the Privacy Policy, and any additional terms posted on the Site (collectively, the “Terms of Use”). You agree that Dealer Tire may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you, and your continued use of the Site after such modifications, alterations, or updates signifies your agreement to be bound by such modifications, alterations, or updates. When you access, use, or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them. Please read these Terms of Use and Dealer Tire’s Privacy Policy located at www.dealertire.com/privacy.html carefully. If you do not agree to these Terms of Use and the terms of our Privacy Policy without modification or qualification, you must exit the Site immediately and discontinue any use of any services from the Site.

Authorized Users

You may access and use this Site and the services available on the Site if you are at least 18 years of age and an authorized user pursuant to at least one of the following criteria: (a) you currently are a dealer, or an employee of a dealer, in good standing; or (b) you have been authorized by Dealer Tire pursuant to an authorization to access this Site; provided that your use of this Site shall be subject at all times to these Terms of Use and shall be limited to the purpose set forth in the authorization.

Access and Registration

You agree that you will provide true, current, complete, and accurate information as requested on any forms, including, without limitation, registration forms. If you are registering, completing any forms, or providing any other information on behalf of another entity or an individual, you represent and warrant that you have the authority to provide the information and bind the entity or individual to these Terms of Use. You also represent and warrant that (a) you are and will be in compliance with all applicable laws and regulations, including, without limitation, laws and regulations related to the collection, use disclosure, and storage of personally identifiable information; and (b) you are and will be in compliance with all contractual obligations relating to personally identifiable information, including, without limitation, any privacy policies. Dealer Tire is not and will not be responsible or liable for any errors or delays in responding to any orders, inquiries, or other requests caused by any incorrect, outdated, or inaccurate information provided by you or any technical problems beyond our control.

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 may use the Site only in accordance with all applicable laws and regulations and in accordance with these Terms of Use. Unless otherwise permitted by Dealer Tire in a separate agreement executed by Dealer Tire, you may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content available through the Site, including, without limitation, any articles, training programs, guides, brochures, data, research, promotions, programs, ideas, feedback, or other posts, information, questions, suggestions, submissions, text, source code, programs, specifications, images, audio files, press releases, brochures, or manuals (collectively, the “Content”). Other than for your use of the Site as expressly permitted in these Terms of Use, you may not access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way.

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.

Monitoring

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.

Intellectual Property

The Site, the services available through the Site, and the Content, as well as the selection and arrangement thereof, is the sole property of Dealer Tire and/or its licensors, and is protected by patent, copyright, and other intellectual property laws, and may not be used except with Dealer Tire’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use or as otherwise agreed in writing by Dealer Tire, Dealer Tire grants no other rights in the Content to you, and you must keep intact all patent, copyright, and other proprietary notices on the Content. Any Content owned by Dealer Tire’s licensors may be subject to additional restrictions. To notify Dealer Tire of claimed copyright infringement in accordance with copyright legislation, please contact:

  • 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.

Modifications

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.

Confidentiality

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.

Release

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 § 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

THE SITE, INCLUDING ALL CONTENT AND SERVICES ON THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALER TIRE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, AND THE SERVICES, 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, DEALER TIRE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO DEALER TIRE THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Indemnification

You agree to indemnify, defend, and hold harmless Dealer Tire, its 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 of Use; (b) any content or other information provided by you through the Site; or (c) your use of the Site.

Dispute Resolution

If any controversy, dispute, or claim arising out of or related to your use of the Site (including any services available on the Site) or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in Cuyahoga County, Ohio, in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Dealer Tire will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer, or sale of any intellectual property rights. These Terms of Use and the relationship between you and Dealer Tire will be governed by the laws of the State of Ohio, USA, without giving effect to principles of conflict of laws of any jurisdiction.

Miscellaneous

The English version of the Terms of Use will be the version used when interpreting or construing the Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dealer Tire as a result of these Terms of Use, our Privacy Policy or your use of the Site. Dealer Tire’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Dealer Tire’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dealer Tire with respect to such use. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Dealer Tire with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dealer Tire with respect to the Site. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration, or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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