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.
Support; Contact Customer Service
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.
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.
Third Party Sites; Third Party Services
ANY MENTION ON THE SITE OF PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING INSTALLATION SERVICES, IS FOR INFORMATIONAL PURPOSES AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION BY US. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THOSE THIRD PARTY SERVICES OR PRODUCTS. ANY DEALINGS AMONG ANY USER AND ANY THIRD PARTIES MENTIONED ON OR FOUND THROUGH THE SITE ARE SOLELY BETWEEN THE USERS AND THE THIRD PARTIES, AND ARE SUBJECT TO ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH THOSE DEALINGS. FURTHERMORE, WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY PRODUCT OR SERVICE SUPPLIED BY A THIRD PARTY THAT RESULTS IN ADDITIONAL OR UNANTICIPATED WORK BY SUCH THIRD PARTY BEYOND THE SCOPE OF WORK ORIGINALLY ANTICIPATED BY THE USER AND THE THIRD PARTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, SHALL WE OR ANY OF OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, DEVELOPERS, LICENSORS, SUCCESSORS, ASSIGNS OR THIRD PARTY INSTALLERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OR INJURY, OF ANY NATURE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCTS OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR INJURY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS OR YOUR USE OF THE SITE.
WE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER USERS, THIRD PARTIES, OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER, HANDHELD DEVICE OR OTHER COMMUNICATIONS DEVICE USED TO ACCESS THE SITE, OR FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY MATERIAL POSTED BY US OR ANY THIRD PARTY ON THE SITE.
NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE SITE OR TO DOWNLOAD CONTENT OR MAKE PURCHASES OF PRODUCTS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT, PRODUCTS, AND THE SITE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES OR INJURY INCURRED BY YOU OR ANY OTHER PERSON THAT MAY RESULT FROM YOUR USE OF THE CONTENT OR THE SITE.
THE TERMS OF THIS LIMITATION OF LIABILITY SECTION ARE SUBJECT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEGISLATION AND/OR REGULATION.
YOU AGREE THAT ALL INFORMATION, CONTENT, SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ALSO AGREE TO HAVE READ AND UNDERSTOOD THE TERMS SPECIFIED ON OUR WARRANTY PAGE.
All other names of companies and products other than BuyTiresWholesale.com mentioned in this website 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.
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
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 Arizona, United States and shall have jurisdiction over you in any such matter and shall be a proper venue for such matter.
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 contact us.