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Used Tire Shop LLC, - Online Shop Owner Agreement  and Terms of Use

The following agreement outlines the Terms of Use and your obligations to operate an Online Tire Shop using the Used Tire Shop, LLC  software application service  through the usedtireshop.net website .You can also review our privacy policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

  1. ACCEPTANCE OF TERMS

The web pages available at UsedTireShop.net and all linked pages ("Site"), are owned and operated by Used Tire Shop LLC. a Rhode Island corporation, and are accessed by you under the Terms of Use described below ("Terms of Use"). Please read these Terms of Use carefully before using the services or accessing this site. You agree to become bound by these terms and conditions. If you do not agree to all terms and conditions, you may not access this site or use any content or services from this site. Any questions about this agreement can be sent to info@usedtireshop.net

2.     MODIFICATIONS

Used Tire Shop LLC. reserves the right, at its sole discretion, to modify or replace this agreement at any time. If the alterations constitute a material change to this agreement, we will notify you by posting an announcement on this Site. What constitutes a "material change" will be determined at the discretion of Used Tire Shop LLC in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions as modified.

  1. DESCRIPTION OF SERVICE

Used Tire Shop LLC, provides an online software application in the platform of Software as a Service (SAAS). This software provides the functionality to create and manage a tire shop and maintain its inventory data online.  By initially registering and using this application the user is creating a “Tire Shop” in the application. This software includes a user interface, logic , database and  features for maintaining and displaying information specific to the automotive and tire industry, These Services shall include, but not be limited to, any service and content Used Tire Shop LLC  performs for you, as well as the offering of any information displayed, transmitted or performed on the Site or through the Services. Used Tire Shop LLC, may change, suspend or discontinue Services including any content for any reason, at any time, including the availability of any feature or content. Used Tire Shop may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  1. YOUR USER REGISTRATION AND CONDUCT

As a condition to accessing our Services as a user and online shop owner, you are required to register on the usedtireshop.net website and create a Used Tire Shop user identity and password. Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. By registering you agree that you shall provide Used Tire Shop, LLC with accurate, complete, and updated registration information and that you are responsible for maintaining the confidentiality of your account password and any credentials.

By way of example, and not as a limitation, you agree not to use the Services:

1.     For any illegal or unauthorized purpose.

2.     To use a name of another person or business with the intent to impersonate that person or business.

3.     To create or use a name subject to any rights of a person other than you without appropriate authorization.

4.     To reproduce, copy, duplicate functionality , features or obtain intellectual property of Used Tire Shop LLC. Including the website or online shops either in part or as a  whole.

5.     To post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party.

6.     To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any registered user.

7.     To create or submit unwanted email (Spam) to any other registered users or any URL.

8.     To violate any laws in your jurisdiction (LLC including but not limited to copyright laws).

9.     With the exception of accessing RSS feeds, you will not use any automated means to access this site for any purpose without our express written permission.

10.   You agree that you will not take any action that imposes in our discretion an unreasonable or disproportionately large load on our infrastructure.

11.    You agree that you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

12.    You agree not to attempt to bypass any measures we may use to prevent or restrict access to this site.

13.   Sell or otherwise transfer your profile.

14.   As a condition of use, you agree not to use this website and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Used Tire Shop

Violation any of the above shall constitute a breach of this agreement, which may result in immediate termination of your user account. Used Tire Shop reserves the right to refuse registration of, or cancel a User ID at its discretion.

Used Tire Shop at their sole discretion may remove any Shop, content or user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). To report Terms of Use abuse, please email us using the email address provided in the section About Used Tire Shop LLC.

  1. YOUR RESPONSIBILITIES AS A SHOP OWNER

By registering at the UsedTireShop.Net website, activating the user account and initiating the process of entering information pertaining to a tire business, the user is considered to be opening a “Tire Shop” or “Shop” , and as a condition to using the Used Tire Shop application you agree to the following.

a.     You own or legally represent the Business for the tire shop you create and manage in the Used Tire Shop application.

b.     You are fully responsible for any employees or persons that you grant access to the Used Tire shop application.

c.     You agree to be bound by the Used Tire Shop Privacy Policy in your dealings with customers and visitors to your store. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement.

d.     By uploading, submitting or otherwise disclosing or distributing content for display or inclusion in your shop, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License

e.     Specific functionality or features within the Used Tire Shop application may have additional terms not contained in this agreement and that the shop owner must agree to the terms specific to the feature in order to enable the feature for use. And by not agreeing to the use will prohibit them from accessing the feature.

f.      The data you enter is accurately represented including descriptions, images and other information visible to the end consumer of the product.

g.     Shop owners will not advertise in their shop products or services that may compete with the Used Tire Shop application or the products and services that Used Tire Shop LLC offers to its customers.

h.     Shop owners or their employees may not use the Used Tire Shop application for the purpose of harvesting any type of data from other shop owners or information contained on any of the Used Tire Shop LLC websites

i.      Shop owners and anyone they grant access to their shop shall not solicit in any way any other shops or customers of Used Tire Shop LLC.

 

6.     RIGHT TO CONTENT

Used Tire Shop LLC, reserves the right to reuse any content that is entered into the program by any user. This content may be used for the purpose of expanding the data that Used Tire Shop provides to its users in the form of libraries, lists,  statistics and other ways that enhance the program for  users of the program.   This data includes Brands, Models, Sizes, Fitment and other similar data that may be considered public knowledge.  Information that will not be reused or shared in any way is customer data or data that may be sensitive to the operation of the business.

Used Tire Shop LLC also reserves the right to reuse images that are either uploaded to the program as files or images captured by the Used Tire Shop Web Cam image tools. By using any of the file upload or image tools you are granting Used Tire Shop LLC the right to use these images and include the image in any of the image libraries provided by the program without any notification to you or additional written consent on your part. Any images that Used Tire Shop LLC adds to the library may be made available to other users of the application.

7.     SUBSCRIPTION AND PAYMENTS

 

 

Used Tire Shop LLC, Provides the tire shop application as a recurring monthly subscription. This subscription renews each month on the day the subscription was initiated during the signup or payment process. Used Tire Shop LLC will automatically bill the user each month using the payment method on file on the renewal date. Used Tire Shop LLC, reserves the right to suspend or cancel a shop or account that fails to renew on the due date. Used Tire Shop LLC may also offer other products and services that are not included as part of the shop subscription. Shop Owners utilizing these products or services may be billed separately by Used Tire Shop and are responsible for payment at the time of requesting or utilizing such products or services.

8.     APPLICATION VERSIONS

Used Tire Shop LLC, offers multiple versions of the Used Tire Shop application. These versions may differ in pricing, functionality and features. Used Tire Shop LLC, reserves the right to modify the versions, pricing and the features contained in each version at any time and will notify Shop Owners when such modifications occur.  Shop Owners understand that not all features and functionality may be available in the version they have selected and in order to access the feature the shop owner may be required to upgrade to a different version.

 

 

9.     CANCELLATIONS AND ACCOUNT CHANGES

 

A Shop owner may cancel their shop and account at any time by contacting Used Tire Shop LLC  through the information provided on the usedtireshop.net website. Any cancellation must occur prior to the subscription renewal date. After a shop is cancelled, the shop owner will no longer have access to the data and images contained in the shop.  Shop Owners may also upgrade or downgrade the application version. Shop owners are immediately billed for the change in the account the day the change is made. This day then becomes the effective subscription renewal date going forward. Shop owners will not be credited or refunded in any way for partial usage due to a change in the shop application version or cancellation of services. When a subscription is downgraded  by the shop owner to a lower version, any tire inventory, user accounts or other features that may have been part of the version, may no longer be accessible after the downgrade. Tire Inventory will be reduced to match the limits as indicated by the version and the earliest starting tire inventory ID will determine the starting point for the inventory count.

10.   REFUNDS AND RETURNS

Used Tire Shop does not offer refunds for partially used months of a subscription. Additionally, there are no returns or refunds for any hardware sold by Used Tire Shop such as printers, barcode scanners, labels and other products that may be offered. Refurbished printers will carry a 90 warranty unless otherwise noted and the warranty period will begin from the time the product was received by the customer from the shipping carrier, and not by when the customer opened or began using the hardware. Products indicated as New will carry the manufacturer's warranty if one applies. Used Tire Shop reserves the right to service or replace any defective item within the warranty period as outlined.

11.   NON  EXCLUSIVITY

 

You acknowledge and agree that Used Tire Shop is providing access and use of the Online Used Tire Shop application, its services, tools and features to multiple customers of this website and that the Service is non-exclusive to and nontransferable by you to any other party. Shop owners also understand that their Shop Web Name they create in the Used Tire Shop application is owned entirely by Used Tire Shop LLC. This shop web name will not be issued to another tire shop by Used Tire Shop LLC during which your account is active and in good standing. Used Tire Shop reserves the right to reissue the shop web names for any shops that are cancelled by the shop owner or closed by Used Tire Shop LLC.

12.   INTELLECTUAL PROPERTY

Shop owner understands the functionality and data provided through the Used Tire Shop application and website  is intellectual property of Used Tire Shop , LLC and  by accessing the application  the Shop owner agrees that Used Tire Shop LLC owns all rights, title and interest in and to the Used Tire Shop application without limitation all intellectual  Property Rights. “Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all proprietary rights and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.  By using the application you agree not to modify, adapt, translate, prepare derivative works, decompile , reverse engineer, disassemble or otherwise attempt to derive the source code or functionality of the Used Tire Shop application. You also agree to not remove, obscure or alter Used Tire Shop’s copyright notice, Trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Used Tire Shop websites.

The Used Tire Shop name, Tire Lister, Speedbar, any graphics, logos, designs, page headers, icons, buttons and service names are registered trademarks, trademarks or trade dress of Used Tire Shop in the U.S. and/or other countries. The trademark of Used Tire Shop and any trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Any data provided by UTS including tire, wheel and vehicle fitment information, tire makes, models, tire specifcation and other list data compiled by UTS  is exclusive property of UTS. Copying any of  this data for external use , pubilc or private outside of the UTS application is prohibited and considered a violation of this agreement and subject to  immediate shop suspension and  legal action.

13.   SECURITY

You agree that the security of your account credentials is solely your responsibility. You further agree that if you believe that the credentials have been compromised in any way, you will notify Used Tire Shop LLC. immediately. You shall be held fully responsible for any misuse or compromise to your account for which Used Tire Shop is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Used Tire Shop has the right to suspend all access to the account pending an investigation and resolution. You also agree that Used Tire Shop has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to facilitate sales of pirated software, illegal products or information, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

13 . NETWORK ABUSE AND OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere, attempt to undermine or compromise the security or the proper operation of your Online Tire Shop, this website, system and services. This is including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation in any way that could be considered an abuse of our network or the internet.

You agree not to use your Online Tire Shop for any type of abusive activity that could threaten the stability of this network, including but not limited to the introduction of malicious or harmful programs, Internet packet flooding, packet corruption, denial of service, Server hacking, port scans, flood pings, packet spoofing and forged routing information, breaching security or authentication measures, interfering with services to any user, mail bombing, flooding or deliberate attempts to overload the Network or broadcast attacks.

You shall also agree not to transmit distribute, display or store any information, data or material in violation of applicable federal, state or local law,  including without limitation, information, data or material protected by copyright, trademark, trade secret, or other intellectual property rights. You also agree not to access or attempt to access data that you are not the owner of, or not an intended recipient.

Used Tire Shop reserves the right to report such abuses to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. If Used Tire Shop LLC, in its sole discretion, deems your Account to be adversely affecting the Service or Network, Used Tire Shop reserves the right to terminate or temporarily suspend your account.

14    COPYRIGHT COMPLAINTS

 

Used Tire Shop LLC. respects the intellectual property of others and will respond to claims of copyright and other intellectual property infringement.  Used Tire Shop will process and investigate any notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. If you feel that content on our sites contains material that is infringing on copyright and ownership please contact Used Tire Shop LLC using the email address found at the beginning of this document. Used Tire Shop LLC will investigate your claim and may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing. Used Tire Shop LLC. reserves the right to terminate any user accounts and deny access for any users who are found to be repeat infringers.

15    INDEMNITY

You will indemnify and hold harmless Used Tire Shop LLC., its subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost including reasonable attorneys. fees and costs from any claim or demand made by any third party due to or arising out of your access to any of our sites, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Used Tire Shop User identity, of any intellectual property or other right of any person or entity.

16    WARRANTY DISCLAIMERS

You acknowledge that Used Tire Shop LLC has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Used Tire Shop LLC from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Used Tire Shop LLC makes no representations concerning any content contained in or accessed through the Site or Services, and Used Tire Shop LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. The content, services and site are provided on an “as is” basis without any warranties of any kind either expressed or implied.

17    LIMITATION OF LIABILITY

In no event shall Used Tire Shop LLC or its vendors be liable under contact, strict liability, tort, negligence to any other legal theory with respect to any of the Used Tire Shop LLC sites, any content contained or any services provided for any lost profits or special indirect, punitive, accidental or consequential damage of any kind whatsoever substitute goods or services however arising, or any direct damages in excess of in the aggregate of $100.

18 . AVAILABILITY OF SERVICES

Subject to the terms and conditions of this Agreement, Used Tire Shop shall attempt to provide Online Used Tire Shop and Services relating to Online Used Tire Shop for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time your Online Tire Shop may be inaccessible or inoperable for any reason, LLC including, without limitation to equipment malfunctions, modifications or improvements to the Service, periodic maintenance procedures or repairs, or causes beyond the control of Used Tire Shop or which are not reasonably foreseeable by Used Tire Shop, LLC including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You agree that Used Tire Shop has no control over the availability of our Online Used Tire Shop and related Services on a continuous or uninterrupted basis. You acknowledge that  the Internet is neither owned nor controlled by any one entity, Used Tire Shop makes no guarantee that you will be able to access the Online Used Tire Shop at any given time. Used Tire Shop shall not be liable to you or any user for failure of accessibility to the Online Used Tire Shop or any claims or damages arising from the inability to access the service. Used Tire Shop shall not be held responsible in any way for the loss of any of your sales, data or information due to any technical errors or problems, regardless of the error's or problem's source.

 19. CHANGES TO SERVICES

Used Tire Shop reserves the right to revise and modify any of its Services, release subsequent versions and alter features, specifications, capabilities, functions, and other characteristics of the Online Used Tire Shop products and services, at any time and without notice to you, the user. If any revision or modification to the Online Used Tire Shop materially changes your ability to conduct business or you are dissatisfied with the Online Used Tire Shop, your sole remedy is to terminate this Agreement.

20 .REFUSAL OR DISCONTINUANCE OF SERVICE

Used Tire Shop reserves the right to refuse or discontinue Services to anyone at the sole discretion of Used Tire Shop and may deny access to all or part of the Services without notice if you engage in any conduct or activities that Used Tire Shop in its sole discretion believes violates any of the terms and conditions in this agreement. Used Tire Shop shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Used Tire Shop has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services displayed in the shop. Used Tire Shop reserves the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

21 . SUPPORT OF SERVICES

Used Tire Shop will provide you a reasonable amount of technical support for your Online Used Tire Shop and Services. You understand that the method, level, duration, and hours of availability of the support provided is determined at the sole discretion of Used Tire Shop, and that providing any support does not constitute ant type of implied warranty.

22. NO WARRANTIES

Used Tire Shop makes no warranties or representations of any kind for the Online Used Tire Shop and Services offered. These Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Used Tire Shop or its employees, agents or representative shall create a warranty. Under no circumstances shall Used Tire Shop be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Online Tire Shop, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the Used Tire Shop Online Used Tire Shop and Services or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

23. TERMINATION

Used Tire Shop may terminate this Agreement and/or temporarily suspend or immediately terminate the Services to you at any time, if Used Tire Shop reasonably believes, in its sole discretion, that you have breached any term or provision of this Agreement. Used Tire Shop may notify you regarding any breach of this Agreement and may, at its sole discretion, allow you to cure such breach within seven (7) calendar days following such breach. Used Tire Shop shall have no responsibility to notify any third-party providers of services, merchandise or information relating to the termination or suspension of the Service, nor have any responsibility for any consequences resulting from lack of notification thereof. If Used Tire Shop terminates your Online Tire Shop Services, it may, at its own option, remove and destroy data and files stored by you on our servers.

24. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

25. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the applicable laws of the State Rhode Island, USA and the United States of America. You agree that all services provided by Used Tire Shop shall be deemed to have been requested and provided in Kent County, Rhode Island. You also agree that the General Court of Justice of Kent county Rhode Island shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Used Tire Shop LLC. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

26.  EFFECTIVE POLICY DATE

 

The policy is effective as of 1/1/2013