Terms and Conditions
Last updated: March 2008
Welcome to tirestripper.com ("Website"). This Website is owned and operated by Tire Stripper
("Company," "we," or "us"). In addition to the content on the Website, the Website
provides you with various shopping, e-commerce and community services ("Services"). BY USING OUR WEBSITE
AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE
TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE
TERMS OF OUR TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE
WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and
conditions may apply to the purchase of products, such as shipping and return policies. By using this Website, you
agree to such terms and conditions.
1. Copyright and Ownership
All of the content featured or displayed on the Website, including without limitation
text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by
Company, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without
limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and
other laws relating to intellectual property rights. The Services and the Website may only be used for the intended
purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific
documents within the Website, you are authorized to view, play, print and download documents, audio and video found on
our Website for personal, informational, and noncommercial purposes only. Except as expressly permitted by Company, you
may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell any information or work contained on the Website. Except as
authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted
material that is available on the Website. For purposes of these Terms of Service, the use of any such material on any
other Website or networked computer environment is prohibited. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website,
its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise
expressly agreed. You will not remove any copyright, trademark, service mark, or other proprietary notices from material
found on the Website.
2. Trademarks
All trademarks, service marks and trade names of Company used herein (including but not limited to:
the Company name and corporate logo) (collectively "Marks") are trademarks or registered trademarks or service
marks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload,
post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to
distribution of materials on this site, without Company's prior written consent. The use of Company trademarks on any
other Website or network computer environment is not allowed. You may not use of Company Marks as a "hot" link
on or to any other Website without prior written approval from the Company (for instance, participation in our affiliate
program). All brand names or trademarks used on this website are all trademarks of their respective owners. Reference to
any product, process, service, or offering of any third party by trade name, trademark, manufacturer or otherwise is for
reference purposes only, and does not necessarily constitute or imply (i) the endorsement or recommendation of such by
Company, (ii) that Company is an authorized dealer of such third party, or (iii) that such third party products are
manufactured or sold by Company.
3. Products, Content and Specifications
All features, Content, specifications, products and prices of products and
services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures
and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to
accurately display the attributes of our products, including the applicable colors; however, the actual color you see will
depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The
inclusion of any products or services on this Website at a particular time does not imply or warrant that these products
or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state,
federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item
purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful
manner. Your use of the Website and your
purchase of any product or service through the Website is your acceptance of any applicable product terms and conditions.
4. Shipping Limitations
When an order is placed, it will be shipping to an address designated by the purchaser as long
as that shipping address is compliant with the shipping restrictions contained on this Website.
Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are
responsible for filing any claims with carriers for damaged and/or lost shipments.
5. Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current.
Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make
no representation as to the completeness, accuracy or currency of any information on this Website. For example, products
included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a
different price than that stated on this Website. In addition, we may make changes in information about price and
availability without notice. While it is our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or
to refuse service to any customer. We also may require verification of information prior to the acceptance and/or
shipment of any order. If there is an error with your order or with any information on this Website, we will work
diligently to try to correct that error and provide you with a satisfactory result.
6. Other Terms May Apply to this Website
- Promotions, Contests and Sweepstakes. We will occasionally offer sales promotions, contests, and sweepstakes
where you will have an opportunity to obtain a gift with a purchase or win a prize. These promotions, contests and
sweepstakes will often have additional terms and conditions associated with them which we will link to or note
prominently with the promotion, contest or sweepstakes.
- Third Party Service Providers. We may allow third parties to offer other services on the Website that have
additional or separate terms and conditions associated with them, which we will link to or note prominently in
connection with those services. Please review those third party terms and conditions carefully before using the services.
7. Proper Use of this Website
- Company hereby grants you permission to use the Website as set forth in these Terms of Service, provided that:
(i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without Company's prior written authorization; (iii) you will not
alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these
Terms of Service.
- In order to receive some Services, you may have to create an account. You may never use another's account
without permission. When creating your account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep your account password secure. You must
notify us immediately of any breach of security or unauthorized use of your account. Although Company will not be
liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company
or others due to such unauthorized use.
- Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the
Website without notice and liability, if, in Company's sole determination, you violate any of the Terms of Service,
including the following prohibited actions; (i) use the Website for any illegal purpose; (ii) submit, transmit,
promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers running the Website; (iv) take any action
that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our
infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any
robot, spider, scraper or other automated access the Website for any purpose without our express written permission;
(vii) impersonate another person or otherwise misrepresent User's affiliation with a person or entity, conduct fraud,
hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any
information or content that you do not have a right to make available under any law or under contractual or fiduciary
relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to
prevent or restrict access to the Website. Upon termination for any reason, you continue to be bound by this
Agreement.
- Creating or maintaining any link from another website to any page on this Website without our prior written
permission is prohibited. Running or displaying this Website or any information or material displayed on this Website
in frames or through similar means on another website without our prior written permission is prohibited. Any
permitted links to this Website must comply will all applicable laws, rule and regulations. If you want to obtain
permission to maintain a link, contact us by clicking here or follow the instructions of our affiliate programs.
- From time to time, this Website may contain links to websites that are not owned, operated or controlled by
Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links,
you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content,
materials or other information located on or accessible from any other website. Neither we nor any of our respective
affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content,
materials or other information located or accessible from any other websites, or the results that you may obtain from
using any other websites. If you decide to access any other websites linked to or from this Website, you do so
entirely at your own risk.
8. Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous,
vulgar, sexually explicit, obscene, pornographic or profane material, harmful, abusive, racially or ethnically offensive,
infringing, invasive of personal privacy or publicity rights, harassing, libelous, or in a the Company's sole discretion,
objectionable, or any material that could constitute or encourage conduct that would be considered a criminal offense or
give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents
to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any
user of the Website is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems
is a violation of these Terms of Service and applicable "anti-spam" laws. In addition to any remedies that we
may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate
the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without
limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law
enforcement authorities or court order or subpoena requesting or directing us to disclose the identity, or other information,
of anyone posting such materials.
9. Account Security
You are entirely responsible for the security and confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are
responsible for taking precautions and providing security measures best suited for your situation and intended use of the
Services and Website. We have the right to provide user billing, account, Content or use records, and related information
under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants,
or to protect our rights, customers or business) in accordance with our Privacy Policy. Please note that anyone able to
provide your account information will be able access your account so you should take reasonable steps to protect this
information.
10. Information Control
User published Content does not represent the views of Company or any individual associated
with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly,
Company's endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user
published Content on our Website, and does not take any responsibility or assume any liability for any actions you may
take as a result of reading user published Content on our Website. Through your use of the Website and Services, you
may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also
be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign
nationals. By using our Website, you assume all associated risks.
11. Your License to Us
User published Content remains the intellectual property of the individual user. By posting
Content on our Website, you grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition,
you warrant that all so-called "moral rights" in those materials have been waived.
12. Fees
For all charges for any products and services sold on the Website, Company will bill your credit card
or accept alternative payment method authorized by Company. In the event legal action is necessary to collect on
balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys'
fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access
services and telecommunications services needed for use of this Website.
13. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means
to access the Website for any purpose without our permission. Additionally, you agree that you will not: (i) take
any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on
our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities
conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
14. Force Majeure
Neither Company nor you shall be responsible for damages or for delays or failures in
performance resulting from acts or occurrences beyond their reasonable control, including, without limitation:
fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts
of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal body; or labor unrest, including
without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of other common carriers.
15. Privacy
Your use of our Website and Services is subject to our Privacy Policy. Please read our
Privacy Policy at http://shop.tirestripper.com/terms_privacy.asp.
16. DISCLAIMERS
Your use of this Site is at your risk. THE CONTENT, INFORMATION, PRODUCTS, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER COMPANY NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON
OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY
COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES
OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT
OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. YOU ACKNOWLEDGE AND AGREE THAT THERE IS A HIGH
RISK OF INJURY WHEN PARTICIPATING IN MOTOR SPORTS AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR
PERSONAL INJURY RESULTING FROM THE USE OF THE PRODUCTS AND SERVICE PURCHASED ON OR THROUGH THIS WEBSITE. YOU
ACKNOWLEDGE AND AGREE THAT THE FORGOING DISCLAIMERS ARE A MATERIAL CONDITION TO ENABLE COMPANY TO OFFER
PRODUCTS AND SERVICES THROUGH ITS WEBSITE. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
17. LIMITATIONS OF LIABILITY
Company assumes no responsibility or liability for any damages to, or any
viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Website, or your downloading of any information or materials
from this Website. IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS
WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS
WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR
SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS
AND REFUNDS POLICIES POSTED ON THIS WEBSITE HERE (http://shop.tirestripper.com/returns.asp).
IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY
DOLLARS ($50.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
18. Indemnity
You agree to defend, indemnify and hold Company and any affiliated company or individual
harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related
to any violation of these terms by you or your authorized users, or in connection with the use of the
Website or the Internet or your purchases or the placement or transmission of any message or information
on this Website by you or your authorized users or your violation of any law or the rights of a
third party.
19. Release
In the event that you have a dispute with one or more other users of the Website, you
release Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with
such disputes.
20. Termination
You or we may suspend or terminate your account or your use of this Website
at any time, for any reason or for no reason. You are personally liable for any orders placed or
charges incurred through your account prior to termination. We may also block your access to our
Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or
authenticate any information you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
21. General
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the State of Texas, without respect to its conflict of laws
principles. Any claim or dispute between you and Company that arises in whole or in part from
use of the Website shall be decided exclusively by a court of competent jurisdiction located
in Denton County, Texas. You consent to the exclusive jurisdiction of the state and federal
courts located in Denton County, Texas. A printed version of these Terms and Conditions will
be admissible in judicial and administrative proceedings based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
If any provision of these Terms of Service is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced. You agree
that these Terms of Service, any rights and licenses granted hereunder, and all incorporated
agreements may be assigned by Company in its sole discretion without restriction, but may
not be assigned by you. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to subsequent or
similar breaches. These Terms of Service set forth the entire understanding and agreement
between us with respect to the subject matter hereof and supersede any prior understandings
or agreements (written or oral). Sections 1-3, 9, 11-13, and 16-19 shall survive any
termination or expiration of this Agreement.
22. No Waiver
No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and Company's failure to
assert any right or provision under these Terms of Service shall not constitute a waiver
of such right or provision.
23. Additional Assistance
If you do not understand any of the foregoing Terms of
Service or if you have any questions or comments, we invite you to contact our Customer
Service Department by email at sales@tirestripper.com or by phone at 1-888-500-1968.
24. Copyright Notice
All Website Content, including design, graphics, text
selections, arrangements, and all software are Copyright © 2008, Tire Stripper,
ALL RIGHTS RESERVED.
25. Ability to Accept Terms of Use
By your use of the Website, you affirm that you
are at least 18 years of age, an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions, and
obligations set forth in these Terms of Service. You may not use this Website if you are
under the age of thirteen or if your use is prohibited by law in your jurisdiction.
26. Opt-Out
We may use your information to notify you of important changes to the
Website or Services, or provide you with our email newsletter or special offers. If you
do not want to receive such information, you may use the following options to opt out
of receiving future communications:
- Send an email to sales@tirestripper.com with the word "Remove" in the subject field; or
- Send mail to the following postal address:
Sales
Attn: Remove
Tire Stripper
6021 Arbor Hills Way #23
The Colony, TX 75056
Opting out may prevent you from receiving email messages regarding updates,
improvements, newsletters, or special offers.
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