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Acceptance of Terms
Welcome to www.TireKickers.com (the “Site”). The Site is provided to you subject to the following terms and conditions (the “Terms of Use”). These Terms of Use include important disclaimers that affect your rights.
By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site.
Changes to these Terms of Use
TireKickers.com reserves the right to make changes to these Terms of Use. The changes are effective on the earlier of (i) TireKickers.com providing you with notice of such changes, or (ii) 14 days after the revised Terms of Use are posted on the Site.
Changes to the Site
TireKickers.com reserves the right to change any aspect of the Site including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you.
All ads are published on the Site in good faith without verification. TireKickers.com reserves the right to refuse, classify, revise or censor any ads for any reason in its sole discretion. TireKickers.com does not guarantee to post all requested ads. All users are advised to check ad and message details carefully before entering into any agreement of any kind and before disclosing personal information.
Confidentiality
The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between you and TireKickers.com cannot be ensured. TireKickers.com is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if TireKickers.com communicates such information to you at your request.
Use of the Site
You may view and print out web pages from the Site for personal use, provided that you maintain all copyright notices, but may not otherwise copy, reproduce, modify, collect, or catalogue information or material on the Site, except as expressly permitted by TireKickers.com or these Terms of Use.
You may not use the Site to engage in any unlawful activity or to infringe the rights of TireKickers.com, its affiliates or others.
You further agree that you will not (i) interfere with the operation of the Site in any way, (ii) interfere with anyone’s use or enjoyment of the Site, (iii) harass anyone on the Site or through the Site, (iv) impersonate any person or entity on the Site or through the Site, or (v) post any content or views that may be considered threatening, abusive, vulgar, obscene or otherwise objectionable.
Termination of Access
If you use the Site in any manner that is prohibited by these Terms of Use, TireKickers.com may without notice terminate your use of the Site or your access to the Site at any time.
Intellectual Property
The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site are owned by TireKickers.com. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of TireKickers.com is expressly prohibited.
Unless otherwise agreed to in writing by TireKickers.com, all information provided by you, including, without limitation, any suggestions, comments or know-how you may provide to TireKickers.com through the Site, is provided on a non-confidential basis and becomes the exclusive property of TireKickers.com. You expressly consent to the unrestrained use of all such information by TireKickers.com. Your waiver of rights in all such information does not apply to personally identifiable information which is handled by TireKickers.com in accordance with the Privacy Policy of the Site.
Dealing with Third Parties
Any correspondence or business dealings with any third parties including merchants, sellers, or advertisers found on, or through, the Site is solely between you and such parties. TireKickers.com is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not TireKickers.com, are responsible for compliance with all laws applicable in any such transaction.
Use caution and common sense when using the Site and, in particular, exercise great care when revealing personal information. When using the Site there are risks of dealing with underage persons or people acting under false pretences.
No Contract or Offer
No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions. Any products or services mentioned on the Site are made available only where they may be lawfully made available or offered for sale. Except for your agreement to abide by these Terms of Use and your agreement to the Privacy Policy, use of the Site does not create any contract or agreement between you and TireKickers.com, nor any obligation of TireKickers.com to you.
No Warranties
Information provided on the Site by TireKickers.com is believed to be reliable when posted. However, TireKickers.com does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. Information contained on the Site may contain errors. Access to the Site is provided on an "as is" basis. You should not assume that your use of the Site will be error free or that the Site will operate without interruption.
TireKickers.com disclaims all warranties, representations and conditions regarding use of the Site or the Information provided, including all implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
No Liability
TireKickers.com is not responsible for any indirect, special, incidental, consequential or PUNITIVE damages whatsoever and howsoever caused, arising out of or in connection with the use Or Misuse of the Site or in reliance on the Information available on the Site, including any business interruption, loss of use, lost data, lost profits or any other pecuniary loss, whether in an action of contract, Civil liability, negligence or other tortious action, even if TireKickers.com has been informed of the possibility OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
Indemnity
You hereby agree to indemnify, defend and hold harmless TireKickers.com and the partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents of TireKickers.com, from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of TireKickers.com or any person or entity.
Jurisdiction
Any dispute shall be governed by Alberta and Canadian law and adjudicated by the courts of Alberta, Canada. Certain jurisdictions expressly prohibit a choice of law or venue clause in a consumer contract that refers to a “foreign” jurisdiction vis-à-vis the consumer. In such specific circumstances, any dispute in relation to these Terms of Use shall be governed by the law applicable to the consumer.
Entire Agreement
These Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to the Site. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.
The following provisions, as amended from time to time, as well as any other policy or rules that apply to particular services or portions of the Site, are incorporated by reference and are part of these Terms of Use.
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