Terms and Conditions
HorizonTire.com is the site maintained on the World Wide Web by Horizon Tire, Inc. “The Website” refers to HorizonTire.com. “User,”, “you” or collectively “Users” refers to any party who accesses the Website. “Access means viewing, accessing, utilizing, or otherwise obtaining information located on HorizonTire.com. “Agreement” refers to these Terms and Conditions and any subsequent modification.
2. ACCEPTANCE OF TERMS AND CONDITIONS; RESTRICTIONS
By accessing the “Website” via the World Wide Web or any other medium, User acknowledges that User has read an understood, and accepts and agrees to be bound by all conditions imposed in the Agreement, as if User had signed it. HorizonTire.com reserves the right to modify these Terms and Conditions at any time without notice to User, including imposing a fee(s) to access certain materials contained on the Website. Any change in these Terms and Conditions is effective immediately upon User’s receipt of notice from HorizonTire.com. Notice can be given through posting on the Website, or any other means by which user by obtain notice. Users should periodically check these Terms and Conditions for changes. Any use of the Website after changes have been made shall be deemed acceptance of those changed Terms and Conditions. Use of the Website is voluntary. If at any time user does not agree to the Terms and Conditions, then User is not authorized to access, browse, or use the Website, and User must discontinue use of the Website immediately. HorizonTire.com has the exclusive right to control accessibility, hours of use, features on the Website and nay other information found on the Website. HorizonTire.com can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. HorizonTire.com reserves the right to monitor the use of the Website.
Use of the Website is limited to persons who are eighteen (18) years of age or older. The Website is not directed to persons under 18, and the policy of HorizonTire.com is NOT to knowingly collect any information from persons under 18. If you are under 18, you should leave the Website without providing any information about yourself. Any access to or use of the Website by anyone under the age of 18 requires consent to this Agreement by a parent or guardian. By accessing or using the Website or related services, you represent and warrant to us that you are either 18 years of age, or if under the age of 18, have obtained proper consent from a parent of legal guardian to your use of the Website and this Agreement. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms and Conditions.
The owner of this Website is based in the State of California in the United States. We provide the Website for use by persons located in the United States. We make no claims that the Website is appropriate outside the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the Unites States or the country in which you reside.
3. USER ACCOUNTS
If you establish an account at this Website in order to utilize the Website, you are responsible for maintaining the confidentiality of your account and your password, to the extent such information is necessary. If you establish an account you agree to accept responsibility for all activities that occur at the Website under your account. HorizonTire.com reserves the right, in its sole discretion, to refuse service or terminate your account.
4. COPYRIGHTS AND MARKS
All content on the Website (with the exception of certain content provided by third party content providers and materials posted by Users) are the copyrighted property of HorizonTire.com. The contents of the Website may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another website or application, or distributed in any way without the prior written consent of HorizonTire.com. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Website. Any third-party marks and content appearing on the Website are the property of their respective owners, but HorizonTire.com is granted a royalty-free license to use the third-party marks. You are not permitted to use any of these third-party marks or content without permission of the respective owner(s). Users posting their own content on the Website pursuant to these Terms and Conditions retain the copyright in such material, but they are deemed to have given HorizonTire.com a license to the material sufficient for the purposed of operating the Website, which means HorizonTire.com can copy the material for backup and archival purposes, display it on the Website, and allow users and/or viewers to view it. This license is valid, perpetual, worldwide, and transferable as part of any transfer of the Website in whole or in part. HorizonTire.com also has the right to remove User content from the Website at any time, for any reason.
5. PROHIBITS CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
1. Use any device or other means to harvest information about other Users.
2. Transmit, install, upload or otherwise transfer any virus or other item to the Website that that in any way affects the use, enjoyment or service of any of User’s or HorizonTire.com’s medium used to access the Website.
3. Transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in a way affects the use, enjoyment or service of the site.
4. Post any material on the Website that is offensive to any other User. HorizonTire.com maintains the exclusive right to determine what is offensive.
5. Post or store on the site 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).
6. Modify the information, including headers, found on the Website.
7. Transmit, install, upload, or otherwise transfer to the Website any unauthorized advertisement or communication.
8. Engage in any action which HorizonTire.com determines is detrimental to the use and enjoyment of the site.
9. Use the Website for any unlawful or defamatory means.
10. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
11. Attempt to access, or access, the personal information of another User which is stored on the Website.
12. Permit any person to access the Website using the User’s password.
13. Attempt to, or access, the Website using another User’s password.
14. 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 Website of any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website.
6. DISCLAIMER AND LIMITATION OF LIABILITY
Although HorizonTire.com has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS Website AT HIS OR HER OWN RISK. USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, THE Website IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HorizonTire.com NOR ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM THE UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS Website, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATE, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HorizonTire.com, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HorizonTire.com IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS Website. IN NO EVENT WILL HorizonTire.com 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 HorizonTire.com OR ANY OF ITS AFFILIATES, AGENT, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USE OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH THE USE OF THIS Website. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. THIRD PARTY CONTENT
HorizonTire.com is not the publisher or speaker of any information on the Website that is provided by third-party content providers or by Users, and HorizonTire.com is not liable for any claims related to that information. Any mentions on the Website of products or services provided by third parties is for informational purposed only and constitutes neither and endorsement nor a recommendation by HorizonTire.com. HorizonTire.com assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Website are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings. HorizonTire.com MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. ADDITIONALLY, HorizonTire.com DOES NOT WARRNT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE OR APPLICATION WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THE Website.
8. USER CONTENT
HorizonTire.com may from time to time and at its sole discretion post content on the Website that has been submitted to HorizonTire.com by a User (“User Content”). User may not use a false e-mail or account, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User retains the copyright in any User Content and grants HorizonTire.com a nonexclusive, 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 work in any media, any and all User Content. User also grants HorizonTire.com the right to use the name submitted by User in connection with User Content, if HorizonTire.com so chooses. User represents and warrants that User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify HorizonTire.com for all claims resulting from the User Content. HorizonTire.com has the right but not the obligation to monitor and edit or remove any User Content. HorizonTire.com takes no responsibility and assumes no liability for any User Content.
9. RELEASE AND INDEMNIFICATION
In the event you have a dispute with one or more users of the Website (including, but not limited to, any dispute regarding any transaction or user generated content) or any third party content that may be linked to or otherwise interact with the Website, including, without limitation, any social media site, you hereby agree to release and forever discharge HorizonTire.com and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, contractors, licensors, attorneys, affiliates, successors and assigns (collectively, “Released Parties”) from any against all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Website, to the fullest extent provided by the law.
You further agree to indemnify, defend, and hold harmless, to the fullest extent provided by law, Released Parties from and against all claims, demand, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with your use, unlawful use or other misuse, or inability to use the Website, your breach of this Agreement or otherwise relating to the business we conduct on the Website (including, without limitation, any potential or actual communication, transaction, or dispute between you and other third party), any action taken by Released Parties as a consequence of investigations by either Released Parties or law enforcement authorities, any content posted by you or on your behalf on the Website, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party website, including any social media site. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our written consent. This Section survives termination of this Agreement.
Users are prohibited from violating or attempting to violate the security of the Website. HorizonTire.com will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
11. VIOLATION OF THESE TERMS AND CONDITIONS
HorizonTire.com 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 Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) HorizonTire.com’s rights or property, or the rights or property of users of the Website. HorizonTire.com reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. HorizonTire.com also may disclose your information when it determines that applicable requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that HorizonTire.com may preserve any transmittal or communication by you with HorizonTire.com through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law, or determines that such preservation or disclosure is reasonable necessary to: (1) comply with legal process; (2) enforce these Terms and Conditions; (3) respond to claims that nay data violates the rights of others; or (4) protect the rights, property or personal safety of HorizonTire.com, its employees, users of or visitors to the Website, and the public.
You further agree that HorizonTire.com may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to HorizonTire.com, for which monetary damages would be inadequate, and you consent to use obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies HorizonTire.com may have at law or in equity. You agree that HorizonTire.com may, in its sole discretion and without notice, terminate your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other governmental agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems. If HorizonTire.com does take legal action against you as a result of your violation of these Terms and Conditions, we will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action in addition to any other relief granted to HorizonTire.com. You agree that HorizonTire.com will not be liable to you or to any third party for termination of your access to the Website as a result of a violation of these Terms and Conditions.
12. TERMINATION OF AGREEMENT
HorizonTire.com may terminate this Agreement at its discretion. In addition to all other rights, HorizonTire.com may terminate access to this Website or cancel membership to any service that HorizonTire.com provides on the Website, if User breaches this Agreement in any way or engages in conduct that HorizonTire.com 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. ENTIRE AGREEMENT; SEVERABILITY; CHOICE OF LAW, ARBITRATION, AND VENUE
These Terms and Conditions constitute the entire agreement between HorizonTire.com and user regarding the subject matter hereof. 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, HorizonTire.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. These remedies are cumulative and not exclusive. Failure to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy to the right to enforce any portion of this Agreement at any time thereafter. This Agreement and all claims related to this Agreement shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the Unites States of America.
TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE CLASS 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 AN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices. For more information on JAMS and/or rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of a representative or class proceeding with respect to any such claims. YOU SHALL BE PERMITTED TO OBTAIN AN AWARD FOR AND, TO THE EXTENT PROVIDED BY LAW, HEREBY WAIVE (A) ALL RIGHT TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, or where applicable, the Federal District Court in the County of Orange, State of California. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the Federal or State courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
By using this Website and/or related services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.