IMPORTANT: Please read these Terms carefully as they form a contract between you and SimpleTire LLC (“SimpleTire”) that governs your access and use of: (a) this website (“Site”), and (b) services available through the Site (“Web Apps”) (collectively, the “Services”), for use in connection with purchasing products (“Products”) made available by SimpleTire.
No Warranties and Limited Liability; Arbitration: These Terms provide you with certain legal rights, but you may have other, additional legal rights, which vary from jurisdiction to jurisdiction. Please note that SimpleTire doesn't provide warranties for the Services, and these Terms limit our liability to you. Please see Sections 3 and 4 for details. Some jurisdictions do not permit the exclusion of implied warranties or the exclusion or limitation of certain damages or other rights, so those provisions of these Terms may not apply to you. These Terms require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 6 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
1. Use of Services and Accounts.
1.1 Use of and Access to Services; Open Source.
(a) Subject to your continued compliance with these Terms, SimpleTire grants you on a non-exclusive, non-transferable, and non-sublicensable right to access and use the Services online through the Web Apps. SimpleTire reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, or suspend or stop the Services altogether, at any time, and without prior notice to you. You agree that SimpleTire will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part of the Services.
(b) Certain portions of the Services contain open source software (“Open Source Components”) that are licensed under the terms of the applicable open source licenses. The terms of the applicable licenses of the Open Source Components take precedence over the terms of these Terms, only to the extent the terms of these Terms are not permitted by the applicable licenses of the Open Source Components.
To use the Services to purchase Products, you must register for a user account by providing accurate and complete registration information. You will not permit any other person to use your account. You are responsible for the security of your passwords and for any use of your account. SimpleTire reserves the right to restrict who is eligible for an account. SimpleTire reserves the right to reject or revoke your account, in SimpleTire’s sole discretion, at any time without liability. Only individuals age 18 and older are permitted to use the Services. If you are between the age of 13 and the age of majority in the jurisdiction where you reside, you agree you will only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Services by individuals under the age of 13 is prohibited and is a violation of these Terms.
You will not (and will not allow others to): (a) publish, copy, rent, lease, lend, sell, license, distribute, host or otherwise commercially exploit the Services, (b) access the Services in order to build a similar or competitive service or other commercial offering or for any other purposes, (c) remove any product identification, proprietary, copyright, or other notices contained in or displayed with the Services, (d) assign or transfer the Services, (e) work around any technical or security restrictions or limitations in the Services, (f) modify, create derivative works of, reverse engineer, decompile, or disassemble any part of the Services, except to the extent the foregoing restrictions are prohibited by applicable law or by the licensing terms governing the use of open-source components that may be included with the Services, (g) copy, reproduce, distribute, download, display, or transmit the Services (or any portion of the Services) in any form or by any means, except as expressly permitted by these Terms, (h) use any Internet-based features in any way that could interfere with others’ use of them or to try to gain access to or use any service, data, account, or network in an unauthorized manner, (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Device, or any other system, device or property, or (j) access or attempt to access any of the Services by means other than an interface provided by SimpleTire.
Except for the limited license rights expressly provided in these Terms, SimpleTire and its licensors have and will retain all rights, title, and interest (including all intellectual property rights) in and to the Services. Any suggestions, information or feedback provided by you to SimpleTire regarding the Services or Products (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Services or Products or any ratings or reviews of the Services or Products) or materials you post or submit to the Services for review by the general public (each a “Submission” and collectively “Submissions”) is voluntary, and you hereby grant to SimpleTire a world-wide, royalty free, irrevocable, transferrable, perpetual license to use (and authorize others to use) any Submission without restriction. SimpleTire is not obligated to post or use any Submission provided by you, and SimpleTire may, in its sole discretion, remove any Submission at any time. By providing, posting or submitting a Submission to SimpleTire or the Service, you represent and warrant that you own or otherwise have all necessary rights to provide, post or submit such Submission. You will not provide, post or submit any Submissions that: (a) contain any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, or (b) infringe any right of a third party, including intellectual property rights, or violate any applicable laws or regulations.
1.6 Internet-Based Components
Some features of the Services may require connection to the Internet in order to function or third party products, such as mobile operating systems and mobile devices. Such features may result in the transfer of certain data over such connections, which may or may not be secure or encrypted. You are solely responsible for obtaining (and paying for) any necessary Internet access, communication carriers charges, and third party devices. SimpleTire is not responsible for the availability of Internet connections or the security or integrity of data transmitted over such connections.
2. Term and Termination
These Terms will remain in effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. Without limiting any other provisions in these Terms, SimpleTire may: (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if SimpleTire in good faith believes that you have used the Services in violation of these Terms. Your account and the limited right to access and use the Services under Section 1 of these Terms will automatically terminate upon the termination of these Terms. Sections 1.3, 1.4, 3, 4, 5, 6 and 7 survive any expiration or termination of these Terms.
3. Warranty Disclaimer; Additional Use Limitations.
3.1 Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLETIRE AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT (I) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE, OR (II) ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY OR ERROR-FREE, (B) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE SERVICES AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND SIMPLETIRE DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES AND ANY DATA INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES.
3.2 Third Party Services
4. Limitation of Liability
4.1 TO THE FULL EXTENT PERMISSIBLE BY LAW, SIMPLETIRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, THESE TERMS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS SECTION 4 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. Some jurisdictions do not permit the exclusion or limitation of certain damages or other rights, so those provisions of these Terms may not apply to you.
You will indemnify, hold harmless and defend SimpleTire, its licensors and service providers from any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by SimpleTire arising out of or relating to: (a) your breach of any term or condition of these Terms, (b) your use or misuse of the Services, or (c) violations of any laws, rules or regulations applicable to your use of the Services. SimpleTire reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SimpleTire, and you will cooperate with SimpleTire’s defense of such claims. You will not settle any such claim without SimpleTire’s prior written consent.
6. Disputes and Arbitration
6.1 Any dispute or claim relating in any way to these Terms or your access or use of any Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Terms as a court would.
6.2 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to SimpleTire, Attention: Legal Department at 7 Neshaminy Interplex Drive, Suite 215, Trevose, PA 19053-6974. Your notice to SimpleTire must: (a) provide your name, mailing address, and email address, (b) describe the dispute, and (c) state the relief you are requesting. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. SimpleTire will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. SimpleTire will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or the state (or province) in which you purchased the Product.
6.3 WAIVER OF CLASS ACTIONS. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in Bucks County, Pennsylvania to enjoin infringement or other misuse of intellectual property rights.
6.4 OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 6, you must notify SimpleTire in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail your written notification to SimpleTire, Attention: Legal Department to the address in Section 6.2. Subject to Section 6.5, if you do not notify SimpleTire as outlined in this Section 6.4, you agree to be bound by the arbitration and class-action waiver provisions herein, including such provisions in any Terms revised after the date of your first acceptance.
6.5 You may reject any change SimpleTire makes to Section 6 (except address changes) by sending SimpleTire written notice within 30 days of the change by mail to the address in Section 6.2. If you do, the most recent version of Section 6 before the change you rejected will apply. It is not necessary to send SimpleTire a rejection of a future change to this Section 6 if you had properly opted out of the arbitration and class-action waiver provisions in this Section 6 within the first 30 days after you first accepted these Terms.
7. General Legal Terms and Contact Information.
7.1 Changes to Terms
SimpleTire may change these Terms at any time by posting the amended Terms on the Site. Any changes to these Terms will be effective upon posting the revised version of these Terms on the Site (or such later effective date as may be indicated at the top of the revised Terms). We may also notify you via the Services or by email to the email address associated with your Account. If you do not agree to the Terms as amended, you must stop using the Services and cancel your account. Your continued use of the Services after the date the amended Terms are posted will constitute your acceptance of the amended Terms.
7.2 Governing Law
You agree that these Terms, and any claim, dispute, action, or issue arising out of or relating to these Terms or your use of the Products and Services is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Pennsylvania without reference to conflict of laws principles. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal jurisdiction of the state and federal courts in or for Bucks County, Pennsylvania for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, SimpleTire may seek injunctive or other equitable relief to protect its (or its licensors or service providers’) confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
SimpleTire may need to communicate with you from time to time regarding these Terms or the Services. SimpleTire may provide such notice to you via email to the email address you provided to SimpleTire or on the Site. You may contact SimpleTire at:SimpleTire.com
7 Neshaminy Interplex Drive
Trevose, PA 19053-6974
7.4 Entire Agreement
These Terms are the complete and entire understanding and agreement between SimpleTire and you regarding the Services and supersede all previous or contemporaneous written and oral agreements and communications relating to the subject matter of these Terms, all of which are merged into these Terms. These Terms may not be modified or amended except in a writing signed by SimpleTire and you.
7.5 No Waiver
All waivers by SimpleTire will be effective only if provided in writing. Any failure or delay by SimpleTire to strictly enforce any provision of these Terms will not operate as a waiver of that provision, any other provision, or any subsequent breach of that or any other provision.
Each provision in these Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from these Terms, and all the remaining provisions of these Terms will continue in full force and effect.
These Terms and any associated rights or obligations may not be assigned or otherwise transferred by you without SimpleTire’s prior written consent. These Terms may be assigned by SimpleTire without restriction. These Terms are binding upon any permitted assignee.
7.8 Proprietary Rights
Copyright © 2018 SimpleTire LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of SimpleTire or of their respective owners. You are not permitted to use any of the Marks without the applicable prior written consent of SimpleTire or such respective owners.
7.9 Export Compliance
The Services are subject to the export control laws, regulations and orders of the United States and may be subject to the export or import control laws and regulations of other countries. You will comply with all such laws and regulations that apply to the Services. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you: (a) are not a citizen, national or resident of, nor under the control of, the government of Cuba, Iran, North Korea, Syria, Sudan, or any other country to which the United States has prohibited export, (b) are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor listed on the United States Department of Commerce Table of Denial Orders, nor any other United States Government exclusion lists, (c) are not under the control of or an agent for anyone on such lists or the entities listed above, (d) will not export or re-export any portion of the Services, directly, or indirectly, to the above-mentioned countries or to citizens, nationals, or residents of those countries or to persons on the above mentioned lists, and (e) will not use the Services for, and will not allow the Services to be used for, any purposes prohibited by United States law, including for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction.
7.10 Government End Users
The Services are comprised of commercial computer software. If you are an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Services and software contained therein were developed fully at private expense. All other use is prohibited.