TERMS OF USE AGREEMENT

1. Definitions:

“mytires4less.com” is the site maintained on the World Wide Web by  mytires4less, LLC.

“the site”  refers to mytires4less.com.

“user” or “users” refers to any party who accesses the site

“agreement” refers to these terms of use.

2. Acceptance of Terms. By accessing this site, user hereby accepts and agrees to all terms outlined in this Terms of Use Agreement and understands that mytires4less has the right to modify these terms at any time without prior notice. All such modifications shall be effective immediately upon notice which may be provided via email, posting on the site, or any method of notification.   Users should review the “Terms of Use” periodically and before each order placed.    Any use of the site after modification shall constitute acceptance.  The site has the exclusive right to control accessibility and content and reserves the right to restrict access to any or all portions of the site or remove content at any time.  Mytires4less also reserves the right to monitor use of the site.

3. User Accounts. If you access the site, establish an account or provide contact information as a “user” in order to receive or gather information or purchase products, you accept all responsibility for maintaining the confidentiality of your account, password, and other information.  Users also accept full responsibility for all activities that occur at the site under that user account and password.  com reserves the right to terminate any user account at any time or refuse to allow access or service at its sole discretion. 

5. Prohibited Conduct

Users are prohibited from the following, either personally or through user’s agent:

• Use or attempt to use any method to obtain information about the site or other users..
• Install, transmit, imbed, upload, or otherwise transfer any virus, malware, spyware, or other item which in any way affects the use, service, access, or enjoyment of the site or impacts any user or employee’s computer or access device.
• Install, transmit, upload, or otherwise transfer any unauthorized advertisement, communication, content, or data.
• Alter, modify, adjust, change, add, or change any photos, pricing, terms, headers, or other content found on the site.
• Post any material on the site that could be offensive to any other user. Mytires4less.com maintains the exclusive right to determine what is offensive.
• Post, store, alter, or amend any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
• Engage in any action which is determined by mytires4less to be detrimental to the use and enjoyment of the site.
• Use the site for any unlawful, defamatory, or prohibited means.
• Transmit, install, upload, post or otherwise transfer any information, photos, or content that would be in violation of the laws of the United States..
• Access or attempt to access the personal information of another user or attempt to utilize the user account or password of another user. .
• Allow any other person to access or utilize the site using the user’s access information and password.
• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Mytires4less reserves the right to bar any such activity.
• Probe, scan or test the vulnerability of the site or any network connected to the site, or attempt any breach of security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other user or any other customer of mytires4less, including any mytires4less account not owned by you, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

4. Copyright and Marks

All content on the site is the property of mytires4less.com and/or is used with exclusive permission of the copyright holder.   Site content in any form may not be copied, reproduced, altered, photographed, modified, published, uploaded, posted, transmitted, distributed, or utilized in any way without the prior written consent of mytires4less.com.  Any third party trademarks, content, literature, or other marks appearing on the site are the property of their respective owners. Users may not utilize any third party marks, content, or copyrighted material without the express written consent of the respective owner.  .

 deemed to have given mytires4less a license to the material sufficient for the purposes of operating the web site, which means mytires4less can copy, archive, and display such contact on the site and allows viewers to access, download, and edit it.  This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. Mytires4less also has the right to remove User content from the site at any time for any purpose.

5. Disclaimer and Limitation of Liability

Although mytires4less has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

USER AGREES THAT USE AND ACCESS TO THIS SITE SHALL BE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MYTIRES4LESS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MYTIRES4LESS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MYTIRES4LESS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL MYTIRES4LESS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MYTIRES4LESS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

ALL TIRES SOLD BY MYTIRES4LESS MUST BE INSTALLED BY A REPUTABLE TIRE INSTALLER AND SHOULD NOT BE SELF-INSTALLED. MYTIRES4LESS REFERS TO INDEPENDENT INSTALLERS FOR THE INSTALLATION OF TIRES AND  IS NOT LIABLE FOR ANY DAMAGES THAT OCCUR FROM THE IMPROPER INSTALLATION OF TIRES, OR ANY DAMAGES THAT OCCUR ON THE INSTALLERS PROPERTY. MYTIRES4LESS HAS NO LIABILITY FOR ANY SERVICES PROVIDED BY THE INDEPENDENT INSTALLERS IT REFERS CLIENTS TO, NOR DO WE DIRECTLY ENDORSE SUCH INSTALLERS. ANY CLAIMS RESULTING FROM INSTALLATION ARE THE SOLE LIABILITY OF THE INSTALLER AND MYTIRES4LESS IS NOT LIABLE FOR ANY DAMAGES DUE TO THE INSTALLER OR ITS EMPLOYEES. MYTIRES4LESS IS ALSO NOT RESPONSIBLE FOR ANY CLAIMS IF TIRES ARE SELF-INSTALLED.

7. Third Party Content

Mytires4less is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and as such is not liable for any claims related to or use of that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by mytires4less. Mytires4less assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.

MYTIRES4LESS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.ADDITIONALLY, MYTIRESLESS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

8. User Content

Myties4less may from time to time and at its sole discretion post content on the site that has been submitted by Users, including but not limited to product reviews or other comments (collectively, “User Content”). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User grants mytires4less exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants Mytires4less the right to use the name submitted by User in connection with User Content, if mytires4less so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement, does not violate user terms, and will not cause injury to any person or entity; and that User will indemnify mytires4less for all claims resulting from the User Content. Mytires4less has the right but not the obligation to monitor and edit or remove any User Content. Mytires4less takes no responsibility and assumes no liability for any User Content.

9. Indemnification

User agrees to defend, indemnify and otherwise hold harmless Mytires4less and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.

10. Security

Users are prohibited from violating or attempting to violate the security of the site. Mytires4less will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators

11. Violation of These Terms of Use

Mytires4less may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) mytires4less’ rights or property, or the rights or property of visitors to or users of the site, including Mytires4less customers. Mytires4less  reserves the right at all times to disclose any information that is deemed  necessary to comply with any applicable law, regulation, legal process or governmental request. Mytires4less also may disclose your information when it is determined that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Users acknowledge and agree that Mytires4less may preserve any transmittal or communication by you with Mytires4less through the site or any service offered on or through the site, and may also disclose such data if required to do so by law, or Mytires4less determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of Mytires4less, its employees, users of or visitors to the site, and the public.

You agree that Mytires4less may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mytires4less, for which monetary damages would be inadequate, and you consent to Mytires4less obtaining any injunctive or equitable relief that Mytires4less deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mytires4less may have at law or in equity.

You agree that mytires4less may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems. If mytires4less does take any legal action against you as a result of your violation of these Terms of Use, Mytires4less will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to mytires4less You agree that mytires4less will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.

12. Termination of Agreement

Mytires4less may terminate this Agreement at its discretion. In addition to Mytires4less’s other rights, Mytires4less may terminate access to this site or cancel membership to any service that Mytires4less provides on the site, if User breaches this Agreement in any way or engages in conduct that Mytires4less deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8, 9 and 11 shall survive.

13. Links

User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray Mytires4less or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any Mytires4less logo or other proprietary graphic or trademark as part of the link without express written permission. Mytires4less reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other Mytires4less proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing Mytires4less’s name or trademarks without Mytires4less’s express written consent.

14. Copyright Protection

Mytires4less honors the intellectual property rights of others and asks the same of Users of the site. Mytires4less may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Mytires4less with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit mytires4less to identify the material;
• Information that is reasonably sufficient to permit mytires4less to contact the complaining party, such as address, telephone number and, if available, e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15. Policies

Order Processing

Mytires4less reserves the right to refuse, cancel, or not process any order due to incorrect pricing, lack of stock or for any other reason. We will work with the customer to find a suitable replacement or will provide a refund.

Pricing

Despite our best efforts, a small number of tires may occasionally be mispriced. If we discover this, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancelation.

Out of Stock

Occasionally Mytires4less may be temporarily out of stock on a certain tire. In that case we will either contact you to offer a comparable product, notify you of a delay, or cancel your order and notify you of such cancelation.

Cancellation Request

To expedite delivery time, orders are processed within minutes of being received. If a customer requests an order cancellation, we make every attempt to cancel it before the tire(s) are shipped by our distribution center. Cancellation requests sent after the tires have been shipped or the order has been processed unfortunately cannot be honored. Users will still have the option to return unwanted tires in accordance with our return and refund policy.

Returns and Refunds

You may return new, uninstalled tires to mytires4less within 10 days of receipt for a refund of your purchase price less any cost of shipping plus a 20% restocking fee.   Only unused, undamaged, uninstalled products are eligible for return.   Please contact us for a Return Authorization Number. You should expect to receive your refund within 10 business days of receipt of your returned items.   All tires are sold FOB Origin. Defective tires are the responsibility of the manufacturer. Mytires4less will work with you to resolve warranty issues if necessary.

Tire Selection

When searching our site via our “vehicle search” please be sure to confirm that the size selected is the actual size needed for your vehicle. We recommend looking at your actual tires or in your vehicles manual to confirm. With that said, if you select your tires based on the vehicle search, and check the box at checkout that confirms that the size being ordered fits on your vehicle, mytires4less is not responsible if the tires ordered are not the correct ones for your vehicle. We make every effort to keep our vehicle search accurate, but often times, the car manufacturers create different options for vehicles that are not always listed in our search or your vehicle may be equipped with aftermarket products that may render our searches inaccurate for your unique application.

Delivery Issues

Orders shipped via Federal Express or UPS are charged freight both ways on refused shipments or when Fedex/UPS is unable to make delivery after 3 attempts including items eligible for Free Shipping. We are also not responsible for merchandise that is marked as delivered by our shipping carriers and is lost or stolen after delivery. That is why we recommend shipping to a recommended installer.

Tread Warranty

The tires sold on the site are warranted by the manufacturer of the tire. If you think your tire is eligible for replacement under the manufacturer’s warranty, you can take that tire to any dealer that carries your brand. Moreover, we will be happy to assist in obtaining fulfillment of a manufacturer’s warranty.

Road Hazard Program

Road hazard damage is damage that occurs when a tire fails as a result of a puncture, bruise or break incurred during the course of normal driving on a maintained road. Common road hazards include potholes, curbs, nails, glass, and sharp objects. None of these are covered by the manufacturer’s warranty. We would be glad to discuss a road hazard policy with you.

DOT Code Issues

We instruct our suppliers to only supply us with tires that have current DOT dates. If you receive a tire with a DOT date of more than 4-years from the date of purchase, you may return it and we will pay the return shipping costs and waive the restocking fee. For any tires with a DOT date less than 4-years from date of purchase, you may return it, but you must pay the return shipping costs and restocking fee. Any tire that has been mounted, used, or damaged is NOT eligible to be returned.

Selecting Tires by Vehicle

When searching our site via our “vehicle search” please be sure to confirm that the size selected is the actual size needed for your vehicle. We recommend looking at your actual tires or in your vehicles manual to confirm. With that said, if you select your tires based on the vehicle search, and check the box at checkout that confirms that the size being ordered fits on your vehicle, mytires4less is not responsible if the tires ordered are not the correct ones for your vehicle. We will work with you on the return, but the customer is responsible for all shipping charges. We make every effort to keep our vehicle search accurate, but often times, the car manufacturers create different options for vehicles that are not always listed in our search.

16. Miscellaneous

These Terms of Use constitute the entire agreement between mytires4lessTire and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between mytires4less and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, mytires4less may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Mytires4less’ remedies are cumulative and not exclusive. Failure of Mytires4less to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Mytires4less makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Virginia, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Hanover, Virginia or Richmond, Virginia, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.