All right reserved © 2018 Tire Agent Corp.
Table of Contents
2. Description of Service
5. Refunds and Returns
6. Member account, username, password and security
7. Modification of Terms
8. Intellectual Property Rights
9. Third Party Services
10. Restrictions and obligations
11. Service Rules and Conduct
14. Governing law
15. Class Action Waiver
16. Liability Disclaimer
17. Contact Us
These Terms and Conditions (“Terms”) shall manage your use of this Service. These Terms will be applied fully and affect to your use of this Service. By using this Service, you agreed to accept all terms and conditions written in here. You understand that it is an agreement between you and this Service (hereinafter referred to the “Tire Agent Corp.”). You must not use this Service if you disagree with any of these Service Standard Terms and Conditions.
Please read these Terms and Conditions carefully. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all visitors, users and others who access or use this Service. By using the Service in any manner you agree to be bound by these Terms without modification.
The purpose of this Service is to provide users with a platform to purchase tires online.
Any and all visitors to our Service shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms.
The user acknowledges and agrees that Services provided and made available through our Service are the sole property of the Tire Agent Corp. At its discretion, Tire Agent Corp may offer additional Service Services or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. Tire Agent Corp does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user acknowledge, accept and agree that Tire Agent Corp shall not to be held liable for any such updates, modifications, revisions or discontinuance of any of Our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that Services offered shall be provided “AS IS” and such Tire Agent Corp shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Service, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws of applicable jurisdiction.
Users who wish to register with the Tire Agent Corp are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Service, parts of it or our Services. We are not responsible for any failure in providing the Services, which result from information that is not true, accurate, current and complete. You further confirm by registering that you have been convicted of any offense, or subject to any court order, relating to assault, violence, sexual misconduct.
Hereinafter you agree, it is a sole discretion of the Tire Agent Corp whether to provide services or not.
If you violate the letter or spirit of this Agreement, abuse the Services, or otherwise create risk or possible legal exposure to Tire Agent Corp, we can terminate or suspend your access to the Services at our sole discretion.
Our refund and return policy is availble at https://tireagent.com/returns. Please visit this link in order to understand the process.
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify the Tire Agent Corp immediately any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. The Tire Agent Corp shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
Tire Agent Corp reserves the right, at its sole discretion, to modify or replace the Terms and Conditions. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.
You agree that the clauses of Terms that are considered to be ineffective do not affect the validity of this document. Above-mentioned clauses have to be regulated by current legislation.
Other than the content you own, under these Terms, the Service’s owner and/or its licensors own all the intellectual property rights and materials contained in this Service.
You are granted limited license only for purposes of viewing the material contained on this Service.
As a condition of your use of the Service, you warrant to Tire Agent Corp that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of Tire Agent Corp or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service.
Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tire Agent Corp and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tire Agent Corp or our licensors except as expressly authorized by these Terms.
Tire Agent Corp may permit you to use other Services. When you access third party Services, you do so at your own risk. These other Services are not under Tire Agent Corp control, and you acknowledge that Tire Agent Corp is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Services. The inclusion of any such link does not imply endorsement by Tire Agent Corp or any association with its operators. You further acknowledge and agree that Tire Agent Corp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of third party Services, including mobile tire installers.
You are specifically restricted from all of the following
Certain areas of this Service are restricted from being access by you and may further restrict access by you to any areas of this Service, at any time, in absolute discretion.
You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Service and not interfere with the use and enjoyment of the Service by other users or with the operation and management of the Service.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Service, that:
You shall abide by all applicable local, state, national and international laws and regulations.
Malicious access to the Tire Agent Corp Service. You shall not:
Reverse engineering the Service
You agree to indemnify, defend and hold harmless Tire Agent Corp, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Service or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Tire Agent Corp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tire Agent Corp in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration service selected by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
These terms and conditions are governed by the laws of New York, USA and the parties agree to submit to the exclusive jurisdiction of the US courts. In case the member is a special subject under public law or an entrepreneur, all will be governed by the laws of registered office of Tire Agent Corp.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TIRE AGENT CORP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TIRE AGENT CORP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
TIRE AGENT CORP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED SERVICES CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TIRE AGENT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TIRE AGENT CORP IS NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.
TIRE AGENT CORP SHALL NOT BE LIABLE FOR THE FIRTNESS OF A TIRE ON A VEHICLE FOR A PARTICULAR PURPOSE. USER UNDERSTANDS THAT TIRE AGENT CORP MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIRD PARTY SERVICES.
Tire Agent Corp welcomes your questions or comments regarding the Terms:
Email Address: email@example.com