Terms of Use

Effective Date: 01.03.23

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE SERVICES.

1. ACCEPTANCE OF TERMS OF USE

Your registration for an TireHub online account allows you to access a variety of products, content, software, services, and related websites, including the TireHub online website located at www.tirehub.com and related websites, that include price lists, product availability, and account information and enable you to place orders directly to local distribution centers (collectively, the “Services”) offered by TireHub, LLC and TireHub’s affiliates (“TireHub”). Your registration for, access to or use of the Services constitutes your acceptance of the following terms and conditions, and any additional TireHub terms provided to you or presented when you use or make a purchase through the Services (“Additional Terms”), each as amended from time to time (the “Terms of Use”). The Terms of Use are a legal agreement between you and TireHub that govern your use of the Services. Your access to the Services is conditioned upon your acceptance, without limitation or qualification, of these Terms of Use. If there is a conflict between the terms in this document and any Additional Terms, the Additional Terms will govern. For example, if you purchase a product through the Services, any warranties, disclaimers and limitations on liability accompanying that product will govern in lieu of Sections 14-16. These Terms of Use supersede any other agreements between you and TireHub as to the Services, except any non-disclosure agreements in existence with TireHub, which will remain in effect. If you do not agree and accept these Terms of Use without limitation or qualification, please exit the Services immediately. You acknowledge that products ordered through the Services may be subject to additional fees, costs and terms and conditions regarding those orders.

2. REGISTRATION; SERVICES

Registration for an TireHub user account must be done online by using the appropriate form on the Services. You must provide accurate, complete, and current registration information about yourself and your company (as applicable), and promptly update the information if any such information subsequently changes. If the information is not, or TireHub has reason to believe it is not, accurate, complete, or current, TireHub may, at TireHub’s sole discretion, refuse to register you as a user or immediately suspend or terminate your account or your access to the Services. You acknowledge that certain Services offered by us are premium services and you will only have access to and may only use those Services if you have paid the fees required by us to receive those Services as set forth on the website.

3. USER ACCOUNT AND PASSWORD

After completing the registration process, you will receive a password and account designation. You must maintain the confidentiality of the password and associated account information and must not authorize any third party to use such information, your TireHub account, or the TireHub Services on your behalf. You are responsible for any and all activities that occur under your password and account. You must (a) immediately notify TireHub at the email address ContactUs@tirehub.com and your local distribution center of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that TireHub will not be liable for any loss or damage arising from your failure to comply with this Section 3 (User Account and Password).

4. AVAILABILITY OF AND CHANGES TO THE SERVICES

You may use the Services and order products displayed on the Services if and when they are available. TireHub does not guarantee availability of the Services, products displayed on the Services, or any particular features of the foregoing. To the maximum extent authorized under applicable law, TireHub reserves the right to change, remove, delete, restrict or block access to, start or stop charging fees for, change the fees for, or stop providing all or any part of the Services or any products or information at any time without notice.

5. CONFIDENTIALITY

The Services contain valuable trade secrets and other confidential information of TireHub (“Confidential Information”). If you have a separate non-disclosure agreement with TireHub that relates to the subject matter of the Services, such non-disclosure agreement will take precedence over this provision to the extent there is a conflict. You hereby agree that you and your employees, contractors and agents will maintain the Confidential Information in confidence and (a) will not copy or use the Confidential Information except as expressly permitted by these Terms of Use in connection with your use of the Service, and (b) will not divulge, transfer, sell, license, lease or otherwise disclose to any third party the Confidential Information. You will use at least the same degree of care to avoid misuse or improper disclosure of the Confidential Information as used with respect to your own similar information, which will be no less than a reasonable degree of care.

Confidential Information does not include information that was in the public domain at the time such information was disclosed to you. If you are obligated to disclose Confidential Information pursuant to court order or other governmental requirement, you must first notify TireHub of the obligation and give TireHub a reasonable opportunity to oppose or limit the court order or other governmental requirement (unless prohibited by law). The obligations set forth in this Section 5 (Confidentiality) will remain in effect for as long as permitted by applicable law and will bind your respective heirs, permitted assigns and successors, and legal representatives.

6. PRIVACY POLICY

By using the Services, you authorize TireHub to automatically upload information about your computer, your use of the Services and Services performance, and collect, use, transmit, process and store information relating to you and your business as described in the most current version of the TireHub Privacy Policy, which may be reviewed at www.tirehub.com, which is hereby incorporated into these Terms of Use by this reference. Any of your personal data transmitted to the Services by electronic mail or otherwise will be used by TireHub in accordance with the Services’ Privacy Policy. Any other communication or material you transmit to the Services, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary information.

7. OWNERSHIP

You understand that the Services and all of its contents including, but not limited to, all text, information, images, graphics, software, video, catalogs, technical information, advertisements, information about and descriptions of products, trademarks, logos and other materials (collectively the “Content”) and all intellectual property rights therein are owned by TireHub or TireHub’s licensors, with all rights reserved unless otherwise noted. If TireHub provides you software as part of or in connection with accessing the Services (“Software”) such Software’s use is governed by the license that you must accept in order to use the Software. If no license is presented, these Terms of Use apply and TireHub grants you, the registered user, a personal, non-transferable and non-exclusive limited license to use the object code of the Software in accordance with these Terms of Use. Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when you close your account. You must then uninstall the Software and TireHub may disable it. You must not (and will not allow any third party to) copy, create a derivative work of, modify, reverse assemble, reverse engineer, or otherwise attempt to discover any source code of the Software or Services, except to the extent applicable law expressly permits you to do so despite this limitation. You will not assign, grant a security interest in, sell, sublicense, or otherwise transfer any right in the Software. You must not modify the Software in any way, use modified versions of the Software, work around any technical limitations in the Software or Services, access the Services by any means other than through the interface TireHub provides, or obtain or attempt to obtain unauthorized access to the Services.

8. USE OF SERVICES AND CONTENT

You must use the Services and Content only for the purposes for which they are designed. Any use of any Content or the Services, except as provided in these Terms of Use, is strictly prohibited. You are responsible for compliance with all applicable laws in connection with your access to and use of the Services and Content, including import and export laws and regulations and all applicable local laws regarding the transmission of technical data exported from the United States. You are also advised that TireHub will aggressively enforce TireHub’s intellectual property rights to the fullest extent of the law, including seeking criminal prosecution for infringement or misuse of TireHub’s intellectual property. When using the Services, you will not engage or attempt to engage in any improper use, including any use that violates these Terms of Use. TireHub grants permission to use the Services under the following terms and conditions:

You may print a reasonable number of individual pages from the website for your own internal business use, but you must not copy, distribute or publicly display any Content from the Services;
Without TireHub’s prior written permission, Content may not be distributed, modified, copied or downloaded, transmitted, displayed, reused, reproduced, published, licensed, have derivative works created therefrom, transferred, sold or otherwise used;
You may not remove any copyright or other proprietary notices contained on the Content or elsewhere in the Services;
You may not collect and use or aggregate any Content from the Services, including any product listings, descriptions or prices, or use data mining, robots, scraping, or similar data gathering and extraction tools in connection with the Services or frame or utilize framing techniques with respect to the Services;
The Services may not be used to post or transmit any threatening, false, fraudulent, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane, or infringing material or any material that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or that infringes, misappropriates or violates any third party’s rights, including any intellectual property right, or that misrepresents any identity;
If TireHub suspects any violation of these Terms of Use, TireHub may institute legal action and TireHub may fully cooperate with any law enforcement authorities or any court order requesting or directing TireHub to disclose the identity of anyone engaging in any violation of the Terms of Use or of law;
You agree to cooperate with TireHub in investigating suspected violations by you or others, unless applicable law prohibits TireHub from requiring you to cooperate, and you authorize TireHub to install, implement, manage and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that TireHub considers to be illegal or violations of these Terms of Use;
You are solely responsible for all information, content or other materials you communicate to others using the Services or that originates from your account and you acknowledge that TireHub is not responsible for and does not control any material originating from users of the Services and that although TireHub does not screen or monitor materials originating from users of the Services, you authorize TireHub to screen, filter, block, move, refuse, modify or remove user materials and access to TireHub accounts at any time in its sole discretion, without prior notice; and
Without TireHub’s prior written permission, all advertising or commercial solicitation on the Services is prohibited. You may not establish a hyperlink to the Services or any webpages thereof without TireHub’s prior written consent.

9. PURCHASES

TireHub may make available through the Services products that you may choose to purchase. If you make a purchase, you authorize TireHub and any third party that processes payments for TireHub to use the payment method that you enter when you create your account or submit your purchase. You also agree that TireHub or the third party payment processor may retain your credit card or other payment information for recurring charges and for future purchases.

9.a CUT OFF TIME:

Orders placed within a short timeframe prior to the cutoff time are expected to be delivered, but not guaranteed. This is due to volume of orders, delivery truck capacity, and resource capacity. To confirm orders placed just prior to cutoff time and to ensure they made the truck, please contact your local TireHub distribution center.

9.b LIMITED INVENTORY:

Inventory of tires is considered accurate, but not guaranteed. If you have a concern around the number of tires ordered and need to confirm when they will be delivered, please contact the local TireHub distribution center.

10. EQUIPMENT

In order to use the Services, you will need to obtain access to the World Wide Web, either directly or through devices that access web based content in a form which is compatible with TireHub. You are responsible for obtaining and maintaining all telephone, computer hardware, modems and other equipment needed for access to and use of the Services and all charges related thereto including but not limited to telephone access charges and internet service fees.

11. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES

The Services may contain links to websites owned or operated by parties other than TireHub, and permit you to use and purchase products, services (including payment processing) and content (including applications) from third parties (“Third Party Materials”). Links to third party websites and other Third Party Materials are provided for your convenience only. You may be presented additional terms and conditions from third parties when you access, use, or purchase Third Party Materials. TireHub does not control and is not responsible for the content or privacy policies on, or the security of, Third Party Materials. Without limiting the foregoing, TireHub specifically disclaims any responsibility if Third Party Materials: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) contain viruses or other items of a destructive nature; (iv) do not provide adequate security; (v) are not merchantable or fit for a particular purpose; or (vi) are libelous or defamatory. TireHub does not endorse the content, or any products or services available on, Third Party Materials. Use of Third Party Materials (including any link to third party websites) is done at your own risk. The third party, not TireHub, is solely responsible for all Third Party Materials and any claims you have with respect to Third Party Materials are against the third party supplier and not TireHub.

12. TRADEMARKS

TireHub logos and other TireHub logos, trademarks, service marks, domain names, and trade dress (collectively “Trademarks”) are owned by TireHub. You must not use the Trademarks for any reason without TireHub’s prior written permission. Any other company names, product names, service names and logos referenced in connection with the Services may be the trademarks of their respective owners.

13. INDEMNITY

You will defend, indemnify and hold TireHub, TireHub’s parents, subsidiaries, affiliates, officers, agents, suppliers, licensors, co-branders or other partners and their respective employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services (including activities occurring using your account and your conduct on the Services), your use of Content (including Software), your violation of these Terms of Use, or your violation of any rights of another or of applicable law.

14. NO WARRANTIES

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

A. THE SERVICES, CONTENT (INCLUDING SOFTWARE), AND LINKS TO THIRD PARTY SITES AND OTHER THIRD PARTY MATERIALS ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. TIREHUB AND TIREHUB’S THIRD PARTY PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES, CONTENT (INCLUDING SOFTWARE), PRODUCTS DISPLAYED OR DESCRIBED ON THE SERVICES, AND THIRD PARTY MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE SUBJECT TO CHANGE. IN PARTICULAR, TIREHUB AND TIREHUB’S THIRD PARTY PROVIDERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICES, CONTENT (INCLUDING SOFTWARE) OR PRODUCTS DISPLAYED OR DESCRIBED ON THE SERVICES (i) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR BUG-FREE BASIS; (iii) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH THEM WILL BE ACCURATE, COMPLETE OR RELIABLE; OR (iv) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

B. YOU OBTAIN OR DOWNLOAD CONTENT THROUGH THE SERVICES AT YOUR OWN RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO YOUR COMPUTER SYSTEM OR THE TIREHUB SOFTWARE OR COMPUTER SYSTEM THROUGH YOUR USE OF THE SERVICES, OR CONTENT INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY DOWNLOADING CONTENT (INCLUDING SOFTWARE).

C. TIREHUB AND TIREHUB’S THIRD PARTY PROVIDERS AND LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OBTAINED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED. THEY FURTHER DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED OR ADVERTISED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS ON THE SERVICES. TIREHUB IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTIONS BETWEEN USERS OF THE SERVICES AND THIRD PARTY PROVIDERS OF PRODUCTS AND SERVICES. TIREHUB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, RELATED TO ANY PRODUCT DISPLAYED OR DESCRIBED ON THE SERVICES; YOUR WARRANTY, IF ANY, RELATED TO ANY PRODUCT YOU PURCHASE THROUGH THE SERVICES WILL BE AS PROVIDED WITH THAT PRODUCT.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF USE CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THESE TERMS OF USE BUT TIREHUB’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.

15. DISCLAIMER OF CERTAIN DAMAGES

UNDER NO CIRCUMSTANCES WILL TIREHUB OR TIREHUB’S THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS OF USE, YOUR ACCOUNT, THE SERVICES, CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF TIREHUB OR ANY THIRD PARTY PROVIDER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS, IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED ABOVE, TIREHUB’S AND TIREHUB’S THIRD PARTY PROVIDERS’ AND LICENSORS’ MAXIMUM AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY, UNDER THESE TERMS OF USE FOR ANY AND ALL DAMAGES, INJURIES AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS OF USE, YOUR ACCOUNT, THE SERVICES, CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL AMOUNT OF DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON YOUR ACCOUNT, THE SERVICES OR CONTENT UP TO: THE AMOUNT YOU PAID, IF ANY, TO TIREHUB FOR ACCESSING THE SERVICES; OR, IN THE CASE WHERE DAMAGE ARISES OUT OF CONTENT, SERVICES OR ACCESS YOU RECEIVED FREE OF CHARGE, FIVE DOLLARS (U.S. $5.00).

THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE, YOUR ACCOUNT, THE SERVICES, CONTENT (INCLUDING SOFTWARE), THIRD PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS, IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

17. INDEPENDENT REMEDIES

To the extent permitted by applicable law, the exclusion of damages under Section 15 is independent of your exclusive remedy in Section 16 and remedy survives even if the exclusive remedy fails of the remedy’s essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 15 and 16 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law.

18. NOTICES

TireHub may provide notices (including legal process) to you by any lawful method, including by posting notice on the Services or by sending such notice to any email or regular mail address that you provide to TireHub. You must keep your account information current including your email and mailing addresses and check for notices posted on the Services. You will send TireHub notices by mailing such notice to TireHub’s address for legal notices which is:

TireHub, LLC
1 Ravinia Drive
Suite 1300
Dunwoody, GA 30346
Attn: Legal Department

19. FEEDBACK

If you provide any comments or other feedback, suggestions or recommendations for improving TireHub Services (“Feedback”), even if you designate Feedback as confidential, you hereby authorize TireHub and TireHub’s designees to use, disclose, reproduce, license, and otherwise distribute and exploit Feedback as TireHub sees fit without obligation (including payment) or restriction of any kind on account of intellectual property rights, confidentiality obligations, or otherwise.

20. QUESTIONS & COMPLAINTS

TireHub hopes that you are fully satisfied with the TireHub Services. If you have any questions about the Services or are dissatisfied with any aspect of the Services, please email your question or complaint to ContactUs@tirehub.com.

If you believe that material available through the Services infringes the copyright of you or a third party for whom you are authorized to act, please notify our designated agent by using the notice procedure under the Digital Millennium Copyright Act of 1998 (“DMCA”) and described below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our designated agent under the DMCA is David Debord at david.debord@dchcinc.com. The notification must include the following as provided by the DMCA:

A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyrighted work;
Identification of the copyrighted work you claim has been infringed, or if multiple copyrighted works on the Services are covered by a single notification, a list of such works on the Services, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
A statement that you have a good faith belief that use of the material in the 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 you are authorized to act on behalf of the owner of the allegedly infringed copyrighted work.

TireHub has the right to terminate any account or right of access to the Services for infringement of TireHub’s or another party’s rights.

21. VIOLATIONS OF TERMS AND CONDITIONS OF USE

If you become aware of any violations of these Terms of Use, you must email reports of the violations to ContactUs@tirehub.com with the word “violation” in the subject of your message.

22. CHANGES TO THESE TERMS; TERM AND TERMINATION

TireHub reserves the right to change these Terms of Use at any time upon notice. TireHub may give notice by posting the updated Terms of Use on the Services or by any other reasonable means. You can review the most current version of the Terms of Use at any time at www.tirehub.com. The updated Terms of Use are binding on you on the effective date indicated in the updated Terms of Use. If you do not agree to the updated Terms of Use, you must terminate your account and stop using the Services before the effective date. Your continued use of the Services after the effective date will constitute your acceptance of the updated Terms of Use. The initial term of the Terms of Use begins on the date you register for an account and continues for thirty (30) days. After expiration of the initial term, these Terms of Use automatically renew for successive thirty (30) day renewal terms until you terminate your account or TireHub provides notice of non-renewal or terminates your account in accordance with this Section 22. You may terminate your account through the Services. TireHub reserves the right to terminate these Terms of Use or suspend or terminate the Services at any time with or without prior notice. Neither TireHub nor TireHub’s suppliers or licensors will be liable to you for any termination or suspension of your account or access to the Services. Sections 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24 and 25 will survive termination.

23. CHOICE OF LAW

These Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and TireHub hereby irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

24. INJUNCTIVE RELIEF

If you breach or threaten to breach these Terms of Use, you acknowledge and agree that TireHub will be irreparably damaged and that the damage will be difficult to quantify. Therefore, TireHub may apply to any court of competent jurisdiction for injunctive or equitable relief under this Section 24, and the court, regardless of Section 23 above, will apply the laws of such court’s own jurisdiction in determining whether TireHub will be granted such relief. A determination pursuant to the foregoing will not impair, invalidate, negate or void TireHub’s rights to relief in law or equity.

25. GENERAL PROVISIONS

If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and TireHub intend that the provisions of these Terms of Use be enforced to the fullest extent permitted by applicable law. Accordingly, you and TireHub agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. TireHub may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer, or sublicense your rights, if any, in your TireHub Service account (including any right to access the Services). TireHub’s failure to act with respect to a breach by you or others does not waive TireHub’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on TireHub if such waiver is in a written document signed by an authorized representative of TireHub. These Terms of Use (including any incorporated terms) constitute the entire agreement between you and TireHub with respect to the Services (including your TireHub account). Both you and TireHub warrant to each other that, in entering these Terms of Use, neither TireHub or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms of Use. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms of Use is done for local requirements. If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and TireHub, or TireHub’s successors and permitted assigns, will have any right to enforce any of these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Content (including Software) or these Terms of Use must be filed within one (1) year after the claim or cause of action arose or be forever barred.

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Terms of Use