CONDITIONS OF USE - Welcome to PITBULLTIRES.COM.
If you visit or use PITBULLTIRES.COM, you accept the following
conditions.
ELECTRONIC COMMUNICATIONS
When you visit PITBULLTIRES.COM or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy
any legal requirement that such communications be in writing.
COPYRIGHT
This site is owned and operated by Tire Mart, Inc. ("Tire Mart"). All
content on this site, such as text, graphics, logos, icons, images,
audio clips, digital downloads, data compilations, and software is the
property of Tire Mart and is protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of Tire Mart and protected by United States and international
copyright laws. All software used on this site is the property of Tire
Mart or its software suppliers and is protected by United States and
international copyright laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way any material from this
site including code and software. You may download material from this
site for your personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices.
TRADEMARKS
ALL BITE, NO BARK ® , BAD DOG ® , BEWARE OF THE DOG ® ,
LEAD THE PACK ® , PIT BULL TEMCO TIRES and Design ® , PIT BULL
® , PIT BULL TESTED ® , PITBULL ® , REX ® , ROAM ALONE
® , SUPER PULLER ® , TEAR IT UP ® , TEAR UP THE COMPETITION
® , TEMCO ® , TEMCO TIRES and Design ® , THE ORIGINAL TIRE
MART ® , THE ORIGINAL TIRE MART, INC. NATIONWIDE WHOLESALE DISTRIBUTORS
OF ST. LOUIS ® , TM and Design ® and other marks indicated on
our site are registered trademarks of Tire Mart, Inc. or its subsidiaries,
in the United States and other countries. FANG™ , GROWLER™
, MAD DOG™ , PIT BULL TIRES and Design™ , ROCKER™
, TIRE TATTOO™ , The Lightning Bolt Design™ and other PITBULLTIRES.COM
graphics, logos, page headers, button icons, scripts and service names
are trademarks or trade dress of Tire Mart or its subsidiaries.
Tire Mart's trademarks or trade dress may not be used in connection
with any product or service that is not Tire Mart's, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits Tire Mart. All other trademarks not
owned by Tire Mart or its subsidiaries that appear on this site are
the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Tire Mart or its subsidiaries.
LICENSE AND SITE ACCESS
Tire Mart grants you a limited license to access and make personal use
of this site and not to download or modify it, or any portion of it,
except with express written consent of Tire Mart. This license does
not include any resale or commercial use of this site or its contents;
any collection of use and use of any product listings, descriptions,
or prices; any derivative use of this site or its use of data mining,
robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Tire Mart, Inc. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form)
of Tire Mart and our affiliates without express written consent. You
may not use any meta tags or any other "hidden text" utilizing
Tire Mart's name or trademarks without the express written consent of
Tire Mart's. Any unauthorized use terminates the permission or license
granted by Tire Mart.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER
CONTENT
Visitors may post reviews, comments, and other content; submit suggestions,
ideas, comments, questions or other information, so long as the content
is 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 private
information of another, including but not limited to addresses, phone
numbers, Social Security number or financial information, 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 as to the origin
of content. Tire Mart reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Tire Mart and its affiliates 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 content throughout the world in any media. You grant
Tire Mart and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose.
You understand and agree that any content posted on PITBULLTIRES.COM
is the exclusive responsibility of the person who posted or uploaded
it. You acknowledge that Tire Mart is not responsible for, does not
control, does not endorse and does not verify the content posted to
PITBULLTIRES.COM and makes no guarantee regarding the reliability, accuracy,
legitimacy or quality of any such content.
You represent and warrant that you own or otherwise control all of
the rights to the content you post; that the content is accurate; that
use of the content you supply does not violate this policy and will
not cause injury to any person or entity; and that you will indemnify
Tire Mart or its affiliates for all claims, including but not limited
to defamation, libel, and slander, resulting from content you supply.
You acknowledge that Tire Mart does not pre-screen content, but has
the right, but not the obligation, to monitor and edit or remove any
content you supply. Tire Mart takes no responsibility and assumes no
liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TIRE MART ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TIRE MART MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIRE MART DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TIRE MART DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM TIRE MART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIRE
MART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR INABILITY TO USE THIS SITE, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND/OR STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Tire Mart, you agree that the laws of the state of Missouri,
without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between
you and Tire Mart or its affiliates.
DISPUTES
Any dispute with Tire Mart relating in any way to your visit to PITBULLTIRES.COM
shall be submitted to confidential arbitration in St. Louis, Missouri,
except that, to the extent you have in any manner violated or threatened
to violate Tire Mart's intellectual property rights, Tire Mart may seek
injunctive or other appropriate relief in any state or federal court
in the state of Missouri, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing 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, whether through class arbitration proceedings or
otherwise.