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By accessing and using the web site located at www.treadepot.com (the "Web Site"), or otherwise availing Yourself of the services, products, and information offered by Treadepot.com, LLC ("Treadepot") through the Web Site, including the purchase of any products via the Web Site, You agree to be bound by the Terms of Service And Purchase (hereinafter "Terms Of Service" or "Agreement") in effect at the time of each such access, purchase, or other use.
You also acknowledge that Treadepot may, from time to time, in its sole discretion and without notification to You, modify these Terms of Service. It is Your responsibility to apprise Yourself of any such revision or modifications each time you visit or use the Web Site. If You do not so agree, You are not authorized to access or use the Web Site in any manner, and You must exit the Web Site immediately by clicking on the "Exit" link at the bottom of this page.
I. OVERVIEW
Treadepot provides a wide selection of tires and wheels available for purchase via the Treadepot Web Site. Treadepot has created the Web Site as a means of providing via the Internet access to information about the various products and services offered by Treadepot, as well as the means for authorized purchasers to purchase certain of these products online. The features, information and services that are featured and/or may be purchased from Treadepot (either via the Web site or otherwise) are collectively referred to herein as the "Services." The various Treadepot products that, at any given time, are featured and/or may be purchased via the Web Site are collectively referred to herein as the "Products."
II. TERMS of Service
A. You Provide Internet Access
In order to access the Web Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
B. Web Site Intended For Adults
You must be eighteen years old or older to purchase any Product or Service via the Web Site.
C. Accessibility And Availability
Treadepot makes no guarantees regarding the availability of the Web Site, the Services, and/or the availability of any given Products referenced in the Web Site. Furthermore, Treadepot reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that Treadepot will not be liable to You for any such discontinuance or modification of the Web Site or the Services.
Treadepot reserves the right to change or modify any of the terms of service contained in this Agreement and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to You. Any changes or modification will be effective upon posting of the revisions on the Web Site . Treadepot may post changes or modifications to referenced policies and guidelines without Your approval. Your continued use of the Web Site and/or Services following Treadepot's posting of any changes or modifications will constitute Your acceptance of such changes or modifications.
D. Authorized Use
Treadepot hereby grants You a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by these Terms Of Service. Other than page caching, You are not authorized to download or modify the Web Site or any portion of it, except with express written consent of Treadepot. This license does not include any resale or other commercial use of this Web Site or its contents; any commercial collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, You may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with these Terms of Service.
This Web Site may contain materials from third parties ("Third-Party Materials"). All third-party materials contained in this Web Site are subject to the terms of this Agreement, including, without limitation, the Warranties and Disclaimers set forth herein. Any unauthorized use terminates the permission or license granted by Treadepot in relation to the Web Site. Treadepot.com has no responsibility and disclaims all liability for what is posted on the message boards, forums and news groups; and Wwhile Treadepot.com may not be required to do so, it reserves the right to remove from such locations and postings which it considers objectionable, disparaging, illegal or actionable.
E. Linking (To & From) The Web Site; Advertisers
1. Linked-To Sites
Treadepot may provide via the Web Site, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties. Because Treadepot has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, You acknowledge and agree that Treadepot is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, You acknowledge and agree that Treadepot shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
2. Links To Treadepot.com From Other Sites
Unless otherwise authorized in writing by Treadepot, neither You nor any other third-party is authorized to "deep link" to any web page contained in the Web Site (i.e., no links are permitted under any circumstances from third-party web sites to Treadepot.com web pages other than the Treadepot.com home page). Such links are expressly prohibited. Furthermore, without written permission from Treadepot, neither You nor any third-party may link to the Treadepot.com home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of Treadepot.com and/or as to the existence or lack thereof of some affiliation or other relationship between Treadepot.com and the third-party and/or its web site.
F. Privacy Policy
The Web Site Privacy Policy shall govern the maintenance and use by Treadepot of all personally identifiable information provided by You and is hereby incorporated by reference as a part of these Terms Of Service as if set forth herein in full.
G. Prohibition Against Harmful Transmissions
You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site, any linked web site, or to any other user any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
H. Warranties And Limitation Of Liability
1. Treadepot Warranties NEITHER TREADEPOT NOR ANY OF ITS UNDERLYING PRODUCT OR SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH IN THE FOLLOWING PARAGRAPH, THE SERVICES AND ANY PRODUCTS YOU PURCHASE ARE DISTRIBUTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. ALL ARTICLES AND MATERIAL DISPLAYED ON THE WEB SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE. NEITHER TREADEPOT NOR ANY OF ITS UNDERLYING PRODUCT OR SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE WEB SITE OR THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF TREADEPOT PRODUCTS VIA THE WEB SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS THE SOLE AND LIMTED WARRANTY FOR PRODUCT(S) PURCHASED VIA THIS WEB SITE, THE ORIGINAL CONSUMER THAT PURCHASES SUCH PRODUCT(S) FOR USE (AND NOT FOR RESALE) RECEIVES FROM THE MANUFACTURER ONLY THAT WARRANTY, IF ANY, OFFERED BY THE MANUFACTURER OF SUCH PRODUCT(S) WITH THE PURCHASE OF SUCH PRODUCT(S).
2. Limitation Of Liability
TREADEPOT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, USE OR DESTRUCTION OF, ANY INFORMATION that you provided us THROUGH the WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. TREADEPOT SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF TREADEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3. IN ANY EVENT THE LIABILITY OF TREADEPOT TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS ($100.00), UNLESS THE DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, IN WHICH CASE TREADEPOT'S LIABILITY SHALL BE LIMITED TO THE COST OF THE APPLICABLE PRODUCTS (i.e., THE AMOUNT YOU PAID TREADEPOT FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
I. Indemnification
You agree to indemnify, defend, and hold harmless Treadepot, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your agreements hereunder; and/or (ii) arises out of Your negligence or willful misconduct.
J. Severability
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
K. Entire Agreement
This Agreement constitutes the entire agreement between You and Treadepot with respect to the Services and Products provided and/or purchased via this Web Site and supersedes all previous agreements or representations, written or oral, with respect to the Services and Products provided and/or purchased via this Web Site.
L. Choice Of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia.
M. Choice Of Venue And Acknowledgment Of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the Superior Court of Clayton County, State of Georgia, or, if and only if that Court lacks subject matter jurisdiction to hear such claim, the United States District Court for the Northern District of Georgia. By accessing and using the Web Site, You submit to personal jurisdiction in Georgia in any action by Treadepot against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
N. Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
O. Waiver
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
P. Treadepot.com Intellectual Property
The Web Site contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Web Site are copyrighted as a collective work under the United States copyright laws. Treadepot owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Treadepot and the copyright owner, if other than Treadepot. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.
The trademarks and service marks on the Web Site, along with other logos and product and service names used on the Web Site, are trademarks of Treadepot.com, LLC or Treadepot's suppliers (the "Marks"). Without the Mark owner's prior written permission, you agree not to display or use in any manner, the Marks in any manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Terms of Service.
Q. Complaints
Treadepot respects the intellectual property and legal rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement or improper use, please notify us in writing immediately.
R. Contact
Please direct all inquiries and other communications relating to the Web Site and/or the Services to:
Treadepot.com, LLC
2832 Anvil Block Rd
Ellenwood, GA 30294
ATTN: Director of Information Systems
S. Local Laws
You warrant and agree that Your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region.
T. Securities
Treadepot may make changes to the information in this Web Site, or to the Products or Services described herein, at any time without notice. Treadepot makes no commitment to update this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. Treadepot is not a publicly-traded company.
U. Prohibited Conduct
Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, Treadepot may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this Agreement; and/or (2) take actions that Treadepot believes may result in legal liability for You, for Treadepot, or for other Web Site users.
V. Additional Terms Applicable To Web Site Purchases
1. "Authorized Purchaser" Information
YOU MUST BE AN AUTHORIZED PURCHASER TO PURCHASE PRODUCTS FROM TREADEPOT. BY MAKING OR ATTEMPTING MAKE A PURCHASE, YOU WARRANT AND REPRESENT THAT: (1) YOU ARE AUTHORIZED BY LAW TO MAKE SUCH PURCHASE; AND (2) ALL PURCHASE-RELATED INFORMATION YOU PROVIDE IS TRUE, COMPLETE, AND ACCURATE AT THE TIME YOU PROVIDE SUCH INFORMATION, AND THAT YOU WILL UPDATE THE INFORMATION FROM TIME TO TIME AS IT MAY CHANGE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL USES OF YOUR USER ID OR PASSWORD, IF ANY.
2. Availability And Means Of Purchase
You may order the Treadepot Products described in the Web Site by mail, e-mail, facsimile, telephone, or via the Web Site. You may also order these products from an authorized dealer.
3. Errors In Pricing
If Treadepot makes an error in the price of a Product or Service listed on the Web Site, Treadepot shall have 72 hours in which to cancel any sales made electronically at the erroneous price. Purchasers whose order contains an erroneous price shall be notified within 72 hours of their attempt to purchase. At its sole discretion, Treadepot may elect to honor such errors in price.
4. Product Shipment And Delivery
Treadepot shall not be liable for any delay or failure to deliver Products or otherwise perform (other than a refund of monies paid in the instance of a complete failure to ship), including but not limited to any instances where such failure or delay has been occasioned by matters such as fire, flood, embargo, strike, lockout, act of God, shortage of raw material or power, terrorist act, governmental action or compliance with governmental requirements, whether voluntary or pursuant to order, or any other circumstance beyond Treadepot's control. Furthermore, delivery dates are based on production estimates and on Treadepot's reasonable efforts to ship on schedule. Treadepot reserves the right to fill orders by complete or partial shipments. Finally, all items purchased from Treadepot are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Products may be shipped to Your address or to another address specified by You with our approval.
5. Returned Goods Policy
a. Generally
Products that You purchase may not be returned, without the prior consent and authorization of Treadepot, which may be given or withheld in the sole discretion of Treadepot. Such Products will be considered for return only if (i) the Products are defective , covered by the manufacturer's warranty and such defect is reported by You to Treadepot within the manufactuer's warranty period by the original consumer purchasing the Product for use (and not resale), or (ii) the Products otherwise fail to conform to the order that You placed. In the event that Treadepot approves any such returns, Treadepot will provide a Return Authorization Code, which must appear on the outside front of the shipping container. You are responsible for paying the shipping costs for any returned Products. Upon receipt of the Product, Treadepot will inspect the Product to confirm the defect. Upon confirmation of the alleged defect, Treadepot will refund customer's reasonable return shipping costs and at customer's option, either: (a) credit customer's account for the purchase price; or (b) replace the returned Products. Conversely, in the event that Treadepot disputes the presence of the alleged defect, Treadepot will contact You and attempt in good faith to negotiate a mutually-satisfactory resolution to the dispute.
b. Requesting Authorization For A Return
To request a return authorization for a return of and refund for previously-purchased Products, You must contact Customer Service and provide the following information:
* Your name and phone number;
* The date and means of Your order;
* The Order Number;
* The name and quantity of the Products ordered;
* The reason for the requested return (i.e., the alleged defect); and
* The action requested (i.e., Product replaced or money refunded).
You agree to complete the process outlined above before returning any alleged defective goods.
6. Product Descriptions
Treadepot attempts to be as accurate as possible in relation to Product descriptions and other information provided on the Web Site. However, Treadepot does not warrant that Product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a Product offered or sold by Treadepot itself is not as described, Your sole remedies are set forth herein. You acknowledge and understand that any descriptive information regarding any given Product referenced in the Web Site was provided by the manufacturer of the Product (a third-party other than Treadepot) and that, except as expressly described herein, your sole remedies for non-conforming or defective products lies with the Product manufacturer.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY. YOU MUST EXIT THE WEB SITE IMMEDIATELY. Otherwise, enjoy Treadepot.com.
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