UsedTireShop.Net - Terms of Use, Purchases and Shop Owner Agreement

The following agreement outlines the Terms of Use, Purchase and Shop Owner Agreement and your obligations to access the usedtireshop.net 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

Please read these Terms of Use carefully before using accessing this site and using or purchasing our services. 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

This website, usedtireshop.net is owned and operated by Used Tire Shop Software. All terms included in this policy of “we”, “us”, “our” or "Company" refer to Used Tire Shop Software. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. All web pages and functionality available at usedtireshop.net("Site"), are owned and operated by us, and are accessed by you under the Terms of Use described described in this policy.

2. MODIFICATIONS

We reserve the right, at our 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 our discretion 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.

3. DESCRIPTION OF SERVICE

We provide 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 we provide for you, as well as the offering of any information displayed, transmitted or performed on the Site or through the Services. We may change, suspend or discontinue Services including any content for any reason, at any time, including the availability of any feature or content. we may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. 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 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 us 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 our intellectual property. Including the website, application 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. 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. You agree not to attempt to integrate to our site or services with any 3rd party or attempt to automate the functionality or logic in any way.
14. You agree not to provide access to anyone or utilize the site in other countries outside of North American or provide access to individuals outside the geographic area of your businss.
15. Sell or otherwise transfer your profile without our apporval and written consent.
16. 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 us and the application and services we provide

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

We may at our sole discretion 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 beginning of this doucment

5. YOUR RESPONSIBILITIES AS A SHOP OWNER

By registering at our 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 our application you agree to the following.

• You own or legally represent the Business for the tire shop you create and manage in our application.
• You are fully responsible for any employees or persons that you grant access to your shop in our webite and application.
• You agree to be bound by our 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.
• 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
• Specific functionality or features within our website or 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.
• The data you enter is accurately represented including descriptions, images and other information visible to the end consumer of the product.
• Shop owners will not advertise in their shop products or services that may compete with our website, application or the products and services that we offer to our customers.
• Shop owners or their employees may not use our application, website or services for the purpose of harvesting any type of data from other shop owners or information contained on any of our websites.
• Shop owners and anyone they grant access to their shop shall not solicit in way any our customers or other shops that utilize our application or services.

6. RIGHT TO CONTENT

We reserve 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 we provide to our 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.

We also reserve the right to reuse images that are either uploaded to the program as files or images captured by the tools we provide in our application or mobile application. By using any of the file upload or image tools you are granting us 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 we add to the library may be made available to other users of the application.

7. SUBSCRIPTION AND PAYMENTS

Our SaaS (Software as a Service) application is provided as a recurring monthly subscription. This subscription subsequently renews each following month on the day the subscription was initiated during the signup or payment process. We will automatically bill the user each month using the payment method on file on the renewal date. We reserve the right to suspend or cancel a shop or account that fails to renew on the due date. We 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 us and are responsible for payment at the time of requesting or utilizing such products or services.

8. APPLICATION VERSIONS AND FEATURES

We offer multiple versions of our application. These versions may differ in pricing, functionality and features. We reserve the right to modify the versions, pricing and the features contained in each version at any time and will notify Shop Owners and subscribers 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.

A Shop Owner understand that access to specific program features such as label printing will also require the additional purchase of hardware directly from us. This includes but not limited to label printers and bar code scanners. Because some features utilize propriety formats or specialized communication protocols, This purchase requirement ensures proper compatibility with our system and the related feature and services. We reserve the right not to provide any access to a specific feature or provide support for printers and related hardware purchased elsewhere. The usage of specific features in the application such as label printing are considered optional and used by the Shop Owner at their discretion. A Shop Owner may elect not to utilize the feature. In this case no hardware purchase is required. Purchases from us are not required for areas that we deem to support a common universal format such as printing of invoices, work orders and reports. In that case we do not provide any technical support for the customer hardware.

9. CANCELLATIONS AND ACCOUNT CHANGES

A Shop owner may cancel their shop and account at any time by logging into their shop and going to administration | Manage subscription | Cancel Subscription or by contacting us 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 and all shop data will be permanantly deleted after 90 days. 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

We do not offer any refunds for partially used days or months of a subscription. Additionally, there are no returns or refunds for any hardware purchased such as printers, barcode scanners, labels and other products that may be offered. Refurbished printers will carry a 90 warranty unless otherwise noted. Products indicated as New will carry the manufacturer's warranty if one applies. The warranty period will begin at 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. We reserve the right to service or replace any defective item at our discretion within the warranty period as outlined.

11. NON  EXCLUSIVITY

You acknowledge and agree that we are providing access and use of our 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 our application is owned entirely by us. This shop web name will not be issued to another tire shop in our system during which your account is active and in good standing. we reserve the right to reissue the shop web names for any shops that are cancelled by the shop owner or closed by us.

12. INTELLECTUAL PROPERTY

You understand the functionality and data provided through our application and website  is intellectual property of our company and  by accessing the application  the Shop owner agrees that we own all rights, title and interest in and to our 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 our application. You also agree to not remove, obscure or alter our copyright notice, Trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the our websites.

The Used Tire Shop name, usedtireshop.net, Tire Lister, Speedbar, any graphics, logos, designs, page headers, icons, buttons and service names are registered trademarks, trademarks or trade dress of our company or products in the U.S. and/or other countries. Our trademark 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 us including tire, wheel and vehicle fitment information, tire makes, models, tire specifcation and other list data compiled by us is exclusive property of our company. Copying any of this data for external use , pubilc or private outside of our services or 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 us immediately. You shall be held fully responsible for any misuse or compromise to your account for which we are not properly notified. You agree that if any security violations are believed to have occurred in association with your account, we have the right to suspend all access to the account pending an investigation and resolution. You also agree that we have 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.

14. 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 our application, 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. This includes an attempt to integrate ot utilize the program or services with a 3rd party or using logic or applications that attempt to integrate to our site and services.

You agree not to use your online Tire Shop or account 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.

We reserve the right to report such abuses to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. If we in our sole discretion, deem your Account to be adversely affecting the Service or Network, we reserve the right to terminate or temporarily suspend your account.

15. COPYRIGHT COMPLAINTS

We respect the intellectual property of others and will respond to claims of copyright and other intellectual property infringement.  We 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 us using the email address found at the beginning of this document. We 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. We reserve the right to terminate any user accounts and deny access for any users who are found to be repeat infringers.

16. INDEMNITY

You will indemnify and hold harmless our Company 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 identity on our website and application, of any intellectual property or other right of any person or entity.

17. WARRANTY DISCLAIMERS

You acknowledge that we have 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 us 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. We make make no representations concerning any content contained in or accessed through the Site or Services, and we 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.

18. LIMITATION OF LIABILITY

In no event shall we or our vendors be liable under contact, strict liability, tort, negligence to any other legal theory with respect to any of our websites, 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.

19. AVAILABILITY OF SERVICES

Subject to the terms and conditions of this Agreement, we shall attempt to provide Online Software Services relating to our webust 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, including, without limitation to equipment malfunctions, modifications or improvements to the Service, periodic maintenance procedures or repairs, or causes beyond our control or which are not reasonably foreseeable by us including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You agree that we has no control over the availability of our Services on a continuous or uninterrupted basis. You acknowledge that  the Internet is neither owned nor controlled by any one entity, we make no guarantee that you will be able to access the our website an service any given time. We shall not be liable to you or any user for failure of accessibility to our application or any claims or damages arising from the inability to access the service.We 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.

20. CHANGES TO SERVICES

We reserve 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 products and services, at any time and without notice to you, the user. If any revision or modification to our services materially changes your ability to conduct business or you are dissatisfied with our services or application, your sole remedy is to terminate this Agreement.

21. REFUSAL OR DISCONTINUANCE OF SERVICE

We reserve the right to refuse or discontinue Services to anyone at our sole discretion and may deny access to all or part of the Services without notice if you engage in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this agreement. We 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 we 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. we reserve 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.

22. SUPPORT OF SERVICES

We will provide you a reasonable amount of technical support for our products and services . You understand that the method, level, duration, and hours of availability of the support provided is determined at our sole discretion and that providing any support does not constitute ant type of implied warranty. we reservce the right to periodically change the type of technical support at any time without notice.

23. NO WARRANTIES

We make no warranties or representations of any kind for 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 us or its employees, agents or representative shall create a warranty. Under no circumstances shall we 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 our application and Services or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

24. TERMINATION

We may terminate this Agreement and/or temporarily suspend or immediately terminate the Services to you at any time, if we reasonably believe, in our sole discretion, that you have breached any term or provision of this Agreement. We 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. We 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 we terminate your Services, we may, at our own option, remove and destroy data and files stored by you on our servers.

25. 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.

26. APPLICABLE LAW AND SERVICE

This agreement shall be governed by the applicable laws of the United States of America. You agree that all services provided by use shall be deemed to have been requested and provided in the USA.

27. EFFECTIVE POLICY DATE

The policy is effective as of 1/1/2013