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Terms of Use

This web Site and the Content and Products (as defined below) contained hereon (collectively referred to as the "Site" unless specifically stated otherwise) are made available to you pursuant to the following Terms of Use and any other rules or p olicies posted on the Site (collectively referred to as the "Terms of Use Agreement"). All such rules and policies, including without limitation the Privacy Policy and the Return/Refund Policy, are incorporated by reference into this Terms of Use Agreement. By accessing, browsing and/or using the Site, including without limitation making any purchases of Products through the Site, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement. If you do not agree with any provision of this Terms of Use Agreement, you are not authorized to access, browse or use the Site, including without limitation making any purchases of Products through the Site, for any purpose.

Modifications

The Site is owned and operated by American Tire Distributors, Inc. and/or its subsidiaries and affiliates ("we", "us" or "our"). This Site may be used as an information source and/or may be used to purchase goods and/or services through this Site. Any such goods or services displayed or purchased through this Site are referred to herein, individually or collectively, as "Products." We reserve the right to modify this Terms of Use Agreement at any time without giving you prior notice. You are responsible for regularly reviewing this Terms of Use Agreement. Your use of the Site, including purchase of any Products, following any such modification constitutes your agreement to follow and be bound by this Terms of Use Agreement as modified. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.

Intellectual Property Rights

All software, object code, source code, schematics, data (including metadata), text, sound, graphic material, audio and video material, photographs, illustrations, artwork, images, documents, papers, instructions, proprietary information and all copyrightable or otherwise legally protectable elements of the Site or available on or through the Site, including, without limitation, all trademarks, service marks and trade names (individually and/or collectively, the "Content"), are our property or the property of our subsidiaries, affiliates, or other third parties and are legally protected under all applicable local, state, national and international intellectual property and other laws, regulations and treaties.


Your use of the Site or any of the Content available through the Site constitutes your acknowledgement that the Site and the Content contain proprietary and confidential information owned by us or other third parties. You hereby agree not to alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Content or the Site or any materials thereon. You hereby agree not to reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, reproduce, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third party (including, without limitation, on or via a third party web Site), attempt to discover source code, or sell in any way any Content or Products included on the Site without the express prior written permission of us or other applicable third parties. Trademarks, service marks, and trade dress owned by us or other third parties may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the applicable third party. Any unauthorized or prohibited use of any Content or the Site may subject you to civil liability or criminal prosecution, or both, under applicable law.

License Agreement

We hereby grant to you subject to this Terms of Use Agreement, a nonexclusive, nonsublicensable, non-transferable, limited license, during the term of this Terms of Use Agreement, to install and/or use in machine-readable form the Content which is made available for review on this Site. You may make one (1) copy of such Content only as necessary for backup or archive purposes in support of your use of this Site and such Content, including without limitation documentation of your purchase of any Products through this Site, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Content. Notwithstanding any of the foregoing, you hereby acknowledge that we and/or other third parties, as applicable, shall retain all other right, title and interest in and to the Content. All rights not expressly granted herein are reserved.

Support; Contact Customer Service

Subject to the other provisions of this Terms of Use Agreement, we will use our commercially reasonable efforts to help you with any questions that you may have regarding the Site or the purchase of Products. To reach our customer support team, please visit the Contact Us page.

Unlawful or Prohibited Use

You agree to use the Site and the Content only for lawful purposes and not to allow others to use your account, the Site, or the Content for any unlawful purpose. Use of the Site or Content in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited.


Some Content, Products, material, links and other information on the Site may not be appropriate or available for use or Purchase in all jurisdictions, especially certain jurisdictions outside of the United States. Accessing any such Content, materials, links and other information from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any jurisdiction outside the United States is done at your own initiative and we are not responsible for your compliance with any laws imposed by such jurisdiction. You hereby agree that you shall not access any of the foregoing where prohibited by any applicable law. We reserve the right to refuse shipment of Products to any location where such shipment could be in violation of any applicable export or import laws or other applicable law.

Site Security

You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Products or interfere with any other party's use and enjoyment of the Site or any Content or Products. You may not attempt to gain unauthorized access to any accounts not registered to you, or computer systems or networks owned and operated by us through hacking, password mining or any other means. Violations of our system or network security may result in civil or criminal liability.

Reviews, Comments, and Other Postings

After you purchase a product or service through this Site, you may post reviews, comments, and other content, send other communications, and submit suggestions, ideas, comments, questions, or other information about such product or service (collectively referred to as "Postings"), so long as the Postings are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead readers as to the origin of any Posting.


Postings do not reflect our or our affiliates' views, and while we do not edit or endorse any Posting, we do reserve the right to monitor or screen any Posting. In no event shall we or our affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Terms of Use Agreement, we reserve the right (but not the obligation), at any time and without limiting any and all other rights we may have under this Terms of Use Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove, delete and/or edit Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Terms of Use Agreement, including, without limitation, blocking specific IP addresses or deactivating your account.


If a Posting originates from you or your account, and unless we indicate otherwise, you grant us and our affiliates and sublicensees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Posting throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name submitted in connection with such Posting. You represent and warrant that you own or otherwise control all of the rights to the content of the Posting, that the Posting is accurate, that use of the Posting does not violate this Terms of Use Agreement and will not cause injury to any person or entity, that the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any applicable law, that the Posting is not obscene, that we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, that we have the right to delete, re-format and/or change the Posting in any manner that we may determine and that you will indemnify us and our affiliates and sublicensees for all claims resulting from any Posting originating from you or your account.

Third Party Sites; Third Party Services

Any links to third-party web Sites found within the Site, including any third party installers, are provided solely as an added convenience to you. The third party content, linked Sites, and third party installers of Products, are not under our control, nor do we claim any responsibility for the maintenance, content or suitability of these third-party web Sites or third party installers. Your linking to any third party Site or use of any third party installer for the Products is at your own risk, and you are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party Site and for compliance with the policies and procedures of any third party installer with respect to such installation of Products that you purchase from this Site or otherwise.


Limitation of Liability






Warranties






Indemnity

You agree to release, indemnify, defend and hold harmless us and our subsidiaries, affiliates, third party installers, employees, officers, directors, stockholders, agents, developers, licensors, successors and assigns from all liabilities, claims, demands, lawsuits, judgments, damages, costs and expenses, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of or in connection with (a) your connection to and use of the Site, Content or Products, (b) any material you submit, post, transmit or make available from the Site, (c) your violation of this Terms of Use Agreement, (d) your violation of any rights of a third party, including intellectual property rights and/or (e) someone else using your account or password (including any unlawful or prohibited use of the Site). Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Export Control

You hereby acknowledge that the Products may be subject to export or import regulations in the United States and in other countries. You are responsible for complying with all trade regulations and laws. You hereby agree that you will not export, directly or indirectly, the Products acquired or to be provided under this Terms of Use Agreement, or the direct product of any such Product, without first obtaining all required export and/or import licenses and government approvals. We reserve the right to refuse shipment of Products to any location where such shipment could be in violation of any applicable export or import laws or other applicable law.

Trademark Notice

TirePros.com, the TirePros logo, American Tire Distributors name and logo, and certain other trademarks affiliated with TirePros.com and/or American Tire Distributors located on the Site are our trademarks or registered trademarks. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with our or the applicable owner's permission. Fair use of any such trademarks requires proper acknowledgment. All rights not expressly granted herein are reserved.

Copyright Notice

All Content and other materials published on the Site are protected by copyright, and owned or controlled by or licensed to us, or the party listed as the developer of the Content or other materials. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in this Terms of Use Agreement or in a separate license agreement, neither we nor our affiliates, third party installers, developers, licensors, successors or assigns grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content on the Site is Copyright 2015 American Tire Distributors, Inc unless specified otherwise. ALL RIGHTS RESERVED.

Termination

We may terminate your (a) access to the Site and/or the Content; (b) your purchase of any Products; and/or (c) your password and/or account or any portions thereof, at any time and for any reason, with or without cause, with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party

Governing Law; Disputes

This Terms of Use Agreement is governed in all respects by the laws of the State of North Carolina, United States, without reference to its conflict of laws principles. Any dispute relating in any way to the Site, the Content or this Terms of Use Agreement shall be submitted to confidential binding arbitration in Durham, North Carolina, United States. Arbitration under this agreement shall be conducted by a single arbitrator under the then prevailing Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement or any similar agreement, whether through class arbitration proceedings or otherwise.


Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of any third party, we or such third party may seek injunctive or other relief against you in any court having appropriate jurisdiction and you agree and acknowledge that the district and superior court of North Carolina, located in Durham County, North Carolina, United States and the United States District Court for the Middle District of North Carolina, located in Greensboro, North Carolina, United States shall have jurisdiction over you in any such matter and shall be a proper venue for such matter.


The terms of this section are subject to the fullest extent permitted by applicable law, legislation and/or regulation. In the event that applicable law renders the foregoing arbitration provision unenforceable, you agree and acknowledge that any action brought in connection with the Site, the Content, the sale, use, return or refund of Products, or this Terms of Use Agreement shall be adjudicated solely in the district or superior court of North Carolina, located in Durham County, North Carolina, United States or in the United States District Court for the Middle District of North Carolina, located in Greensboro, North Carolina, United States. You hereby consent to the exclusive venue and jurisdiction of such courts, waive any right that you may have to contest the jurisdiction or venue of such courts on the basis of lack of personal jurisdiction, inconvenient forum or any other basis, and waive any right that you may have to commence or transfer an action in any other court in any other jurisdiction. You consent to the extra-territorial service of process in connection with any action in any of the aforementioned courts.

Remedy Period

Any claim or cause of action arising out of or related to the use of the Site, the Content or this Terms of Use Agreement must be submitted to arbitration in accordance with this Terms of Use Agreement (or, if applicable law renders arbitration unenforceable, filed with the appropriate court in accordance with this Terms of Use Agreement) within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary. You hereby expressly waive your right to commence any arbitration or litigation after such one (1) year period. In the event any such claim or cause of action is not submitted to arbitration or filed with the appropriate court, as applicable, within such one (1) year period, such claim or cause of action shall be forever barred.

Miscellaneous

Waiver/Course of Conduct. Our failure to insist upon or enforce strict performance of any provision of this Terms of Use Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Terms of Use Agreement.


Assignment. We may assign our rights and duties under this Terms of Use Agreement to any party at any time without your permission and without notice to you. E-mail Communications. Communications made to us by e-mail shall not constitute legal notice to us or any of our subsidiaries, affiliates, directors, officers, employees, stockholders, agents, representatives, developers, licensors or assigns with respect to any existing, future or potential claim or cause of action against us or any of our subsidiaries, affiliates, directors, officers, stockholders, employees, agents, representatives, developers, licensors, successors or assigns, where such notice is required by contract, or any local, state, national or international laws, rules or regulations.

Severability. If any provision of this Terms of Use Agreement is held to be invalid, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of this Terms of Use Agreement.


Entire Agreement. This Terms of Use Agreement sets forth the entire understanding and agreement of the parties as to the subject matter contained herein and supersedes all prior proposals, discussions or agreements with respect thereto.

Notices of Infringement and Intellectual Property

If you know or suspect that any Content or other materials or portions of the Site constitute copyright infringement or other violations of local, state, national or international intellectual property laws, please notify us at American Tire Distributors, Inc., Attention: General Counsel, 12200 Herbert Wayne Court, PO Box 3145, Huntersville, NC 28070-3145

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