Terms of Use

SITE TERMS AND CONDITIONS OF USE

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE CLICK “EXIT” BELOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

  1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS. Mike’s Tire, (the “Company”) provides the www.mikestiretxcom site and various related services (collectively, the “Site”) to you, the user, (“You” or “User”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between the Company and User (collectively, the “Parties”). In addition, when viewing and/or using particular services or materials on this site, the User shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

These Terms of Use are effective as of July, 2015. The Company expressly reserves the right to change these Terms of Use from time to time and will be posted and available on the Site upon such occurrence. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include the Company’s departments, affiliated organizations, officers, directors, managers, members, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

  1. DESCRIPTION OF SERVICES.The Company makes various services available on this Site including, but not limited to, information, educational materials, and other materials on emergency lighting and alert systems, opportunities to purchase emergency lighting and alert systems and related accessories, and other like services. The User is responsible for providing, at the User’s own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

The Company reserves the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to the User. The Company will not be liable to the User or any third party should the Company exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

  1. REGISTRATION DATA AND PRIVACY.In order to access some of the services on this site, the User will be required to select an account user name and password. When the User also becomes an Account Holder (as defined below), the User must provide certain information and data (“Registration Data”), and maintain and update the User’s Registration Data as required. By becoming an Account Holder, You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant the Company the right to disclose to third parties certain Registration Data about You. The information the Company obtains through Your use of this site, including your Registration Data, is subject to the Company’s Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  1. ACCOUNT HOLDER. When You register for a user account using the Site, You become an Account Holder of Mikestire.com. Registration as an Account Holder is subject to these Terms of Use as well as other guidelines, requirements, and agreements on the Site, as updated from time to time, each of which is incorporated herein by reference.
  • a. Eligibility. You must be at least 18 years of age or a corporation or other business or governmental entity to register as a member of the Site or use the Services.
  • b. Account Holders. Account Holders are individuals or entities that have registered on the site by providing a user name that is unique on the system and password in addition to contact, payment, and shipping information for storage on the Site or on third party sites or with the Company. Registering for an account is free of charge. Once registered, Account Holders can use the Service to make new or repeat orders without the re-entering contact, and shipping information for each transaction. Other benefits, such as membership rewards programs, may become available for Account Holders at the discretion of the Company, at which time the Company may alert those eligible.
  • c. Cancellation of Account. Any Account Holder wishing to cancel his/her/its account must provide such request to Customer Service in writing.
  1. BILLING AND INVOICING.
  • a. Payment for Goods and Services. We bill users ordering goods or services (“Customers”) through an online billing system. All payments are due and must be paid before orders are processed or shipped. Additionally, Customers authorize the Company to charge your designated payment provider for goods and services ordered. You agree to make payment using your selected payment method.
  • b. Payment Method. The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If the Company does not receive payment from your Payment Method Provider, you acknowledge that the Company reserves the right not to process or ship Your order.
  • c. Reaffirmation of Payment Authorization. Your non-termination or continued use of the Service reaffirms that the Company is authorized to charge your Payment Method. The Company may submit those charges for payment and you will be responsible for such charges. This does not waive the Company’s right to seek payment directly from you.
  • d. Returns. The Return Policy is clearly outlined on the Site and is specifically incorporated herein. Should You have questions regarding the Return Policy, it is Your obligation to contact customer service directly.
  1. THIRD PARTY SITES AND INFORMATION.This Site may direct You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other persons. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is the Company responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
  2. INTELLECTUAL PROPERTY INFORMATION. MIKE’ All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services on our Site, whether viewable by the User or not.

By accepting these Terms of Use, You acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the Company, and/or its Affiliates. You are only permitted to use the content as expressly authorized by the Company or the specific content provider.

YOU MAY NOT COPY, REPRODUCE, MODIFY, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE ANY DOCUMENTS OR INFORMATION FROM THIS SITE IN ANY FORM OR BY ANY MEANS WITHOUT PRIOR WRITTEN PERMISSION FROM US OR THE SPECIFIC CONTENT PROVIDER, AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING PERMISSION BEFORE REUSING ANY COPYRIGHTED MATERIAL THAT IS AVAILABLE ON THIS SITE. ANY UNAUTHORIZED USE OF THE MATERIALS APPEARING ON THIS SITE MAY VIOLATE COPYRIGHT, TRADEMARK AND OTHER APPLICABLE LAWS AND COULD RESULT IN CRIMINAL OR CIVIL PENALTIES.

All images, other media, and information displayed on the Site are believed in good faith to be the intellectual property of the Company.

  1. UNAUTHORIZED USE OF MATERIALS.Subject to our Privacy Policy, any communication or material that You transmit to this site or to the Company, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant the Company and its agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Do not submit confidential or proprietary information to us unless You and the Company have mutually agreed in writing otherwise.

Mike’s Tire respects the intellectual property rights of other parties. If You believe Any party believing its copyright, trademark or other property rights have been infringed by a posting on this site should send notification to the Company’s designated agent (our “Designated Agent”) immediately. To be effective, the notification must include:

  • a. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
  • b. Identify the material that You claim is infringing the copyrighted work listed in item #1 above.
  • c. Provide information reasonably sufficient to permit us to contact You (email address is preferred).
  • d. Provide information, if possible, sufficient to permit the Company to notify the owner/administrator of the allegedly infringing webpage or other content (an email address is preferred).
  • e. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • f. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • g. Sign the paper.
  • h. Send the written communication to the following address:Mike’s Tire
    c/o DMCA Takedown Administrator
    300 Texas 121 Business
    Lewisville, TX 75057

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, the Company may immediately remove the identified materials from our Site without liability to You or any other party and that the claims of the complaining party.

FOR PURPOSES OF LITIGATING OR DISPUTING ANY INTELLECTUAL PROPERTY CLAIMS, EACH OF YOU AND THE COMPANY AGREES AND HEREBY SUBMITS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN ANY COURT OF COMPETENT JURISDICTION, WITHIN THE STATE OF TEXAS AND COUNTY OF TRAVIS WITH RESPECT TO SUCH MATTERS.

  1. DISCLAIMER OF WARRANTIES.The Warranty Policy is clearly outlined on the Site and is specifically incorporated herein. Should You have questions regarding the Warranty Policy, it is Your obligation to contact customer service directly.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.

Through Your use of the Site, You may have the opportunities to engage in commercial transactions with other vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. THE COMPANY MAKES NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS AND ALL ACTIVITIES ASSOCIATED THEREWITH ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY THE COMPANY OR ANY OTHER OF ITS AFFILIATES.

Content available through this Site may represent the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. The Company does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Mike’s Tire spokesperson speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site are provided “AS IS” and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY.

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT WE ARE LIABLE TO YOU FOR ANY USE OF THIS SITE OR THE MERCHANDISE OR SERVICES PROVIDED ON THE SITE, YOU EXPRESSLY AGREE THAT THE MAXIMUM AMOUNT OF SUCH DAMAGES IS LIMITED TO THE AMOUNT THAT YOU HAVE PAID TO MIKE’S TIRE, FOR THE GOODS AND SERVICES GIVING RISE TO SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THIS PREDETERMINED LIQUIDATED DAMAGES AMOUNT IS REASONABLE.

  1. INDEMNIFICATION.Upon a request by us, You agree to defend, indemnify, and hold the Company and its Affiliates harmless from all liabilities, claims, and expenses, including reasonable and necessary attorney fees, costs, and expenses that arise from your use or misuse of this Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will use Your best efforts to cooperate with us in asserting any available defenses that we may select in our sole and absolute discretion.
  2. SECURITY AND PASSWORDS.You are solely responsible for maintaining the confidentiality of Your password and account and for any and all statements made and acts or omissions that occur through the use of Your password and account. Therefore, You must take steps to ensure that others do not gain access to Your password and account. Our personnel will never ask You for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate Your account if You do transfer or share your account.
  3. OUT-OF-STATE AND INTERNATIONAL USE.Although this Site may be accessible worldwide, Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
  4. TERMINATION OF USE.

You agree that we may, in our sole discretion, terminate or suspend Your Account or refuse service with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, Your right to use the services available on this Site immediately ceases, and You acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in Your account and/or bar any further access to such files or this Site. The Company shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by the Company in connection with such termination or suspension.

  1. GOVERNING LAW.This Site (excluding any linked sites) is controlled by us from our offices within Lewisville, the County of Hays, the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Lewisville, County of Denton, the State of Texas, by accessing this Site each of You and the Company agrees that the statutes and laws of Denton, County of Dallas, and the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site.EACH OF YOU AND THE COMPANY AGREES AND HEREBY SUBMITS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE ANY COURT OF COMPETENT JURISDICTION WITHIN THE STATE OF COUNTY OF TRAVIS, AUSTIN, TEXAS WITH RESPECT TO SUCH MATTERS.
  2. NOTICES.All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to the attention of Mike’s Tire, 300 Texas 121 Business Lewisville, TX 75057. Notices to You may be sent to the address supplied by you as part of Your Registration Data. In addition, we may broadcast notices or messages through the site to inform You of changes to the site or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
  3. ENTIRE AGREEMENT.The terms and conditions contained in this Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s) except as described herein. Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
  4. MISCELLANEOUS.
  • a. In any action to enforce these Terms of Use, the prevailing party will be entitled to reasonable and necessary attorney fees, costs, and expenses. Any cause of action brought by You against the Company or its Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
  • b. You may not assign Your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
  • c. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
  • d. In addition to any excuse provided by applicable law, the Company shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond the Company’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
  • e. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  • f. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

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