Terms of Use

 

1.     Acceptance of the Terms of Use

Welcome to Treadworld!

The following Terms of Use and conditions together with any policies referenced within these Terms of Use or posted on our website (collectively, the “Terms of Use”), govern your access to and use of the  www.treadworld.com website and purchases of products or services through the Site.

The Site is owned and operated by Countrywide Tire and Rubber, Inc.  All references to “you” or “your,” means a visitor to the Site or purchaser of products or services from the Site, as applicable.

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS AND OUR DISCLAIMERS, EXCLUSIONS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY OBLIGATION. These Terms of Use also require the use of binding arbitration to resolve disputes rather than jury trials or group/class actions as described in Section 17 below. Please follow the instructions in Sections 17 and 18 to opt out of this provision.

By browsing, accessing or using the Site or clicking an “I Accept” box, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. All information we collect on this Site is subject to our Privacy Policy.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR OTHERWISE USE OUR SITE OR PURCHASE A PRODUCT OR SERVICE FROM US.

Our Site is offered to users who are 18 years of age or older and reside in the United States or other territory where the Site services are permitted.  By using this Site, you represent and warrant that you (a) are at least 18 years old; (b) reside in the United States or such other permitted territory; and (c) are the person whose name and other information have been provided for the account that you have or are creating.  If you are using the Site or place an order on behalf of an entity, organization, or company, you represent and warrant that you have the legal authority to bind any such organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such organization.  If you do not meet all of these requirements, you must not access or use the Site.

  1. Changes to the Terms of Use

We reserve the right to change, modify or update these Terms of Use (or any policy on the Site) from time to time in our sole discretion.  All changes are effective immediately when posted to the Site, and you waive any right you may have to receive specific notice to such change. By continuing to use or access the Site after we post any changes, you are accepting the updated Terms of Use (or any updated policy on the Site).

Please check these Terms of Use, and our policies on the Site regularly to understand the terms and conditions that apply when you use the Site or purchase our products.  The date of most recent revisions or changes to these Terms of Use will appear at the end of these Terms of Use.  IF YOU DO NOT AGREE TO ANY CHANGE IN OUR TERMS OF USE OR ANY SITE POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.   

  1. Terms of Sale for Purchases.

Purchases of products from the Site are governed by the terms below and other terms of sale as described on various pages of the Site. Such other terms of sale are hereby incorporated into these Terms of Use by reference.  You are responsible for reading, understanding, and abiding by these other terms of sale posted on the Site.

Products. We may discontinue any product and/or service on the Site at any time without notice.

Orders. Orders are not binding upon us until accepted by us. We reserve the right at any time to cancel any order or decline to accept any part of an order in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We may need to verify information prior to acceptance of any order.

Prices and Payment. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed.  Posted prices do not include shipping and handling or sales taxes, if applicable, which will be added to your order.  We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Your credit card will be charged in full when your order is processed including applicable shipping, handling and taxes.

Shipments/Delivery. We will arrange for shipment of the products to you and you will pay all shipping and handling charges.  Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during return shipment.

Limited Product Warranty. Our standard limited product warranty available on the Site governs all purchases of products from the Site and applies only to the original purchaser. To obtain warranty service for defective products, please follow the instructions included in our limited warranty. NO EMPLOYEE OR OTHER PERSON HAS THE AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, PROMISE OR AGREEMENT ON BEHALF OF US EXCEPT AS EXPRESSLY WRITTEN IN THE LIMITED WARRANTY.

Arbitration.  ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY PRODUCT OR SERVICE OR ANY TERMS OF SALE SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH SECTION 17 OF THESE TERMS OF USE.

  1. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are solely responsible for maintaining the confidentiality and security of your user account, user name, password, PIN or such other information. We not responsible for any losses arising out of the unauthorized use of your account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Your account may be restricted or terminated for any reason, at our sole discretion.

We may use the email you provide to us in your account to provide you with service messages and updates.  By establishing an account, you are consenting to the receipt of these communication.

  1. Grant of Access to Site

We grant you a personal, limited, non-transferable, non-exclusive right to access and use the Site as set forth in these Terms of Use, provided that (a) your use of the Site as permitted hereunder is solely for your personal, non-commercial use; (b) you will use the Site only for purposes that are permitted by these Terms of Use; (c) you will use the Site in accordance with all applicable laws and regulations; and (d) you will otherwise comply in full with these Terms of Use. Any use of the Site or Content (as defined below) other than as specifically authorized herein, without our prior written permission, is a violation of these Terms of Use.  No right, title or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by us. We make revoke your access right at any time without notice and with or without cause. At any time without notice to you, we may change, restrict access to, suspend, or discontinue the Site or any portion of the Site.

  1. Intellectual Property Rights

The Site and its entire contents, features and functionality now or hereafter available (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Content”), are owned by us, our partners, affiliates, third party licensors, distributors, and suppliers and/or any successors and assigns and are protected, without limitation, by United States and other international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Content, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:

  • Modify copies of any Content materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content materials from this site.
  • Access, download or use for any commercial purposes any part of the Site or Content.
  • Use any part of the Site or Content in a manner that suggests an association with us.
  1. Trademarks

Our name including “treadworld” and “treadworld.com”, and all other terms, trademarks, related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors.  You must not use such marks without our prior written permission.  Nothing on the Site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the Site without the express written permission of us or the trademark or service mark owner.

  1. Prohibited Uses

You may use the Site only for lawful purposes and only in accordance with these Terms of Use.  In addition to other restrictions in these Terms of Use, you agree not to use (and to not allow any third party to use) the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To create or transmit unwanted electronic communications such as “spam” to other users of the Site or otherwise interfere with other users’ use of the Site.
  • To impersonate or attempt to impersonate us or our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us, or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any deep-link, page-scrape, robot, spider or other automatic device, process or means to access, retrieve, scrape or index any portion of the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Frame or use framing techniques to enclose any trademark, logo, trade name or other Content (including images, text, page layout, or form) on a Site.
  • Collect or harvest any information about other users (including usernames and/or email addresses) for any purpose or create user accounts by automated means or under false, misleading or fraudulent pretenses or use any data mining tool or similar data-gathering and extraction devices.
  • Use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or any Content.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site or to otherwise violate the security of any computer network, crack passwords or security encryption codes.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or other action imposes an unreasonable or disproportionately large load on our IT infrastructure.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. User Contributions

The Site may contain interactive features (collectively, “Interactive Services”) that allow users to transmit (hereinafter, “post”) reviews, comments or other content or materials (collectively, “User Contributions”) on or through the Site.  All User Contributions must comply with the Content Standards set out in these Terms of Use below.  Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Site, you hereby grant (or warrant that the owner of such rights has expressly granted) to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, transferable, sub-licensable and nonexclusive right and license to use, copy, reproduce, modify, edit, adapt, publicly display, publish, broadcast, create derivative works from, publicly perform, transmit and distribute such User Content for any purpose and in any form, without any compensation, notice, or attribution to you or any other person, in connection with operating or providing the Site including to other users of the Site or to our service providers who assist in providing the Site.

You represent and warrant that

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have fully responsibility and liability for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

  1. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. Monitoring and Enforcement; Suspension

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.  YOU WAIVE ANY CLAIMS AGAINST, AND AGREE TO HOLD HARMLESS, US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR SUCH PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user of the Site or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement in accordance with the notice provision of these Terms of Us.  It is our policy to terminate the user accounts of repeat infringers.

  1. Reliance on Information Posted

Our Content and the information presented on or through the Site is made available solely for general information purposes.  We do not warrant or represent that: (a) any Content and any other information provided from or on the  Site is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) any information obtained in responses to questions asked through a Site is accurate or complete; and/or (f) the Content is non-infringing of any third party’s intellectual property rights. Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such Content and information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect our opinion.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the Terms of Use and conditions of use for such websites.

  1. Disclaimers

OTHER THAN OUR LIMITED PRODUCT WARRANTY, THE SITE, ITS FUNCTIONALITY AND CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED AND PURCHASED THROUGH THE SITE, ARE PROVIDED BY US ON AN “AS IS” (“WITH ALL FAULTS”) AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE.  WE HERBY DISCLAIM ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. You acknowledge and agree, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for  any damage to your computer system or loss of data that results from access, browsing, or use of the Site, or the downloading or use of any Content from the Sites, and all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that we will not be liable for any damages of any kind related to your use of the Site.

THIS SECTION DOES NOT LIMIT THE TERMS OF OUR LIMITED PRODUCT WARRANTY FOR A PRODUCT THAT IS SOLD BY US TO YOU THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO ALL OR A PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND IN THOSE JURISDICTIONS, OUR DISCLAIMERS WILL APPLY TO THE FULL EXTENT PERMITTED BY LAW.

  1. Limitation on Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, WE DISCLAIM AND IN NO EVENT WILL WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS LICENSORS, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “TREADWORLD GROUP”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM OR DAMAGES ARISING OUT OF, RELATED TO OR IN CONNECTION WITH (A) THESE TERMS OF USE OR YOUR USE, OR INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE OR (B) YOUR OR A THIRD PARTY’S USE OF PRODUCTS OR SERVICES YOU PURCHASED FROM OUR SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER INCLUDING YOUR USE OF THE SITE OR PURCHASE OR USE OF ANY PRODUCT OBTAINED THROUGH THE SITE, SHALL BE LIMITED TO THE GREATER OF $0.00 OR THE ACTUAL AMOUNT PAID BY YOU FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.

THIS SECTION DOES NOT LIMIT THE TERMS OF OUR LIMITED PRODUCT WARRANTY FOR A PRODUCT THAT IS SOLD BY US TO YOU THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO ALL OR A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, AND IN THOSE JURISDICTIONS, THE LIABILITY OF THE TREADWORLD GROUP SHALL BE EXCLUDED OR LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless all members of the Treadworld Group from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

17.  Dispute Resolution and Arbitration

(a)   Agreement to Arbitrate Disputes. THIS SECTION CONTAINS MANDATORY, NON-PERMISSIVE ARBITRATION REQUIREMENTS. FOLLOW THE INSTRUCTIONS IN SECTION 18 BELOW IF YOU WISH TO OPT OUT OF ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF USE, UNLESS EXPRESSLY STATED OTHERWISE BELOW, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

(i)        Other than for the Certain Claims (as defined in (ii) below), you and we agree to arbitrate all disputes and claims that in any way arise from or relate to these Terms of Use, your use of the Site or your use of any product or service purchased through the Site (a “Dispute(s)”).  This agreement to arbitrate is intended to be interpreted broadly to cover, without limitation: claims arising from or relating to any aspect of your and our relationship created by or involving these Terms of Use or the Site, regardless of legal theory; claims that arose before you accepted these Terms of Use, such as (for example) claims related to statements made in connection with these Terms of Use; claims that arise after you have purchased any of our products on the Site including your use of any products purchased from us through the Site, claims against us, our respective affiliates, providers, contractors, and agents as well as the respective officers, directors, employees, shareholders, providers, contractor, agents, predecessors, successors, and assigns of the foregoing, you or your heirs or legal representative; and, claims relating to the validity, interpretation, and scope of this arbitration agreement. This arbitration agreement shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

(ii)      Notwithstanding the provisions of Section 17(b)(i), this arbitration agreement does not preclude you or us from (a) bringing an individualized action in small claims court prior to the filing of an arbitration; (b) attempting to resolve the Dispute privately; (c) seeking relief in court to resolve disputes relating to: (i) our respective intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); (ii) your violation of the Prohibitions on Use in the Terms of Use; or (iii) your violation of our User Contribution Content Standards (collectively, the “Certain Claims”).  This arbitration agreement does not bar you from bringing issues to the attention of federal, state or local agencies, who may, if legally permitted, seek relief against us on your behalf.

(iii)     If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.

(b)   Notice of Disputes; Procedure for Arbitration.

(i)        All Disputes shall be resolved by binding arbitration in Hennepin County, Minnesota  administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules (the “Rules”), subject to the limitations in this Section.  Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. AAA’s rules and procedures governing the filing and process of AAA consumer arbitration, as well as the AAA consumer arbitration fee schedule, can be found in the Rules, available at www.adr.org.  You also may contact AAA at 1-800-778-7879.  The Rules and other AAA information may be amended from time to time and are subject to change.

(ii)      If you file arbitration, you will incur a nonrefundable filing fee, payable on filing, pursuant to the fee schedule set forth in the Rules.  Other than such filing fee, the expenses of arbitration and of the arbitrator shall be shared equally by the parties unless the arbitrator determines you filed a Dispute that is frivolous, vexatious or to annoy in which case you shall bear the expenses of the arbitration and of the arbitrator.

(iii)     The arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 15 years of experience in the substantive practice area related to the Dispute, who will administer the arbitration in accordance with the Rules.  The arbitrator shall be selected by the joint agreement of you and us, but if the parties do not agree within thirty (30) days after the date of a filing of a notice of a demand for arbitration, the selection shall be made pursuant to the Rules from the panels of business arbitrators maintained by the AAA. The arbitrator’s decision will consist of a written statement stating the disposition of each claim of the Dispute, and will provide a statement of the essential findings and conclusions on which the decision and award (if any) is based and shall be final.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act which you and we agree shall apply.

(iv)     The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto.  The award may include equitable relief.  The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms of Use.  WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.  You and we agree the arbitration shall be confidential.  All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.

18.   Arbitration Opt Out Right.

YOU HAVE THE RIGHT TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE TO US, IN ACCORDANCE WITH THE NOTICE PROVISION OF THESE TERMS OF USE, WITHIN 30 DAYS OF THESE TERMS OF USE BECOMING BINDING.  Such notification must include your name, your email address, your mailing address, and a statement that you do not wish to resolve Disputes through arbitration.

19.   Governing Law and Jurisdiction

All matters relating to these Terms of Use or the Site (including your purchases of products or services from the Site) shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision (whether of the State of Minnesota or any other jurisdiction).

To the extent a Dispute is not subject to arbitration as permitted by these Terms of Use, you and we each hereby (a) irrevocably agree that any all such claims must be resolved exclusively by a state or federal court located in Hennepin County, State of Minnesota, irrespective of choice-of-venue rules; (b) consent to the exclusive jurisdiction and venue of such court in any such suit; (c) waives any objection to jurisdiction or venue of any such suit; and (d) consent to service of process in accordance with the notice provision of these Terms of Use. Notwithstanding the foregoing sentence, we will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

20.   Limitation on Time to File Claims

Any cause of action or claim you may have against us arising out of or relating to these Terms of Use or the Site in any forum (including by arbitration or in court as permitted by these Terms of Use) must be commenced within one (1) year after the cause of action arises, otherwise, such cause of action or claim by you is permanently barred.  We may always bring an action at any time relating to our intellectual property rights or violations of the Prohibitions on Use or Content Standards set forth in these Terms of Use.

21.   Waiver of Class Action and Jury Trial

You and we agree any proceedings to resolve any Dispute in any forum (including by arbitration or in court as permitted by these Terms of Use) will be conducted solely on an individual basis and not a consolidated, class-wide, or representative basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any Disputes subject to arbitration, court or any other proceeding of any kind. No arbitrator, judge or other equivalent person residing over any Dispute or claim shall have any authority to proceed on a class or representative basis. No arbitration, court or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations, court or other proceedings.

We and you irrevocably and unconditionally waives any right either of us may have to a trial by jury for any legal action (whether by arbitration or in court as permitted by these Terms of Use) arising out of or relating to these Terms of Use, the Site or the transactions contemplated hereby.

  1. Geographic Restrictions

We are based in the State of Minnesota in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Notice

By you: All notices required to be given to us pursuant these Terms of Use shall be deemed to have been duly given by you if in writing to us, at:

By email upon confirming electronic receipt:      hello@treadworld.com

 

Three business days after first class mail:           Countrywide Tire and Rubber, Inc.

123 N. Third St., Suite 706

Minneapolis, MN 55401

Attn: President

 

By us: All notices required to be given to you shall be deemed to have been duly given by us upon confirming electronic receipt if in writing and sent to the email address on file with us. You are responsible to provide us with any changes to your e-mail address.

  1. Entire Agreement

The Terms of Use (including our Privacy Policy) constitute the sole and entire agreement between you and us with respect to your use of the Site and purchases of products and services from the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter herein (or therein).

  1. Waiver and Severability

The failure by us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us and shall apply only to the matter so waived in such writing. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be given effect to the greatest extent possible and the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

  1. Your Comments and Concerns

The treadworld.com site is operated by Countrywide Tire and Rubber, Inc., 123 N. Third St., Suite 706, Minneapolis, MN 55401. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to:

By email:          hello@treadworld.com

By mail:           Countrywide Tire and Rubber, Inc.

123 N. Third St., Suite 706

Minneapolis, MN 55401

Attn: President

 

Effective Date: July 9, 2020

 

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