Website Terms of Use

Please read these website terms of use carefully before using this website. The website is available for your use only on the condition that you agree with the terms set forth below. If you do not agree to all of the terms, no not access or use the website. By accessing or using the website, you and te entity you are authorized to represent signify your agreement to be bound by the terms of use.

USER ELIGIBILITY

The website is provided by Brunette Tire and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the website.

SCOPE OF TERMS OF USE

These Terms of Use govern your use of the website and all applications, software and services available via the website, except to the extent such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the website. Any such Service Agreements accompany the applicable services or are listed in association with or through a hyperlink associated with the applicable services.

TERMS OF USE MODIFICATIONS

Brunette Tire may revise and update these Terms of Use at any time. your continued usage of the website after any changes to these Terms of Use will mean you accept those changes. Any aspect of the website may be changed, supplemented, deleted or updated without notice at the sole discretion of Brunette Tire.

Privacy Policy

The Privacy Policy governs the use of information collected from or provided by you at the website. With respect to any individual whose personal information is provided by you to Brunette Tire, you represent to Brunette Tire that you have obtained all necessary consents for the processing of such personal information contemplated by the Services you are using and by the Brunette Tire Privacy Policy, including the transfer of such data to Canada or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

LICENSE AND OWNERSHIP

Any and all intellectual property rights associated with the website and its contents are the sole property of Brunette Tire, its affiliates or third parties. The Content is protected by copyright and other laws in both Canada and other countries. Elements of the website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the website are trademarks, service marks or trade dress of Brunette Tire, its affiliates or other entities that have granted Brunette Tire the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Brunette Tire. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the website in any way without Brunette Tire's or the appropriate third party's prior written permission. Except as expressly provided herein, Brunette Tire does not grant to you any express or implied rights to Brunette Tire's or any third party's Intellectual Property.

Brunette Tire grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the website, Content and Services only in the manner presented by Brunette Tire, and (b) access and use the Brunette Tire computer and network services offered within the website only in the manner expressly permitted by Brunette Tire. Except for this limited license, Brunette Tire does not convey any interest in or to the Brunette Tire Systems, information or data available via the Brunette Tire Systems, Content, Services, website or any other Brunette Tire property by permitting you to access the website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Brunette Tire. you may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Brunette Tire.

RESTRICTIONS ON USE OF THE WEB SITE

In addition to other restrictions set forth in these Terms of Use, you agree that:

  • You shall not disguise the origin of information transmitted through the website.
  • You will not place false or misleading information on the website.
  • You will not use or access any service, information, application or software available via the website in a manner not expressly permitted by Brunette Tire.
  • You will not input or upload to the website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the website or Information or that infringes the Intellectual Property (defined below) rights of another.
  • Certain areas of the website are restricted to customers and employees of Brunette Tire.
  • You may not use or access the website or the Brunette Tire Systems or Services in any way that, in Brunette Tire's judgment, adversely affects the performance or function of the Brunette Tire Systems, Services or the website or interferes with the ability of authorized parties to access the Brunette Tire Systems, Services or the website.
  • You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Brunette Tire.

LINKS

    Outbound Links
  • The website may contain links to third-party websites and resources. These Linked Sites are provided solely as a convenience to you and not as an endorsement by Brunette Tire of the content on such Linked Sites. Brunette Tire makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Brunette Tire is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
  • Inbound Links
  • Linking to any page of the website other than to BrunetteTire.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Brunette Tire. Any web site or other device that links to BrunetteTire.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Brunette Tire or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Brunette Tire or any of its affiliates, (e) presenting false information about Brunette Tire products or services, and (f) using any logo or mark of Brunette Tire or any of its affiliates without express written permission from Brunette Tire.

SUBMISSIONS

Brunette Tire does not accept ideas, concepts, or techniques for new services or products through the website form submission pages. If such Comments are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Brunette Tire and its affiliates are under no obligation to keep such information confidential, and (c) Brunette Tire will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.

TERMINATION

you agree that Brunette Tire, in its sole discretion, may terminate or suspend your use of the website, the Brunette Tire Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the website, and (b) destroy any copies you have made of any portion of the Content. Accessing the website, the Brunette Tire Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Brunette Tire shall not be liable to you or any third party for any termination or suspension of your access to the website, the Brunette Tire Systems, Information and/or the Services.

DISCLAIMER OF WARRANTIES

Brunette Tire makes no representations about the results to be obtained from using the web site, the services, the information or the content. The use of same is at your own risk.

The web site, the information, the services and the content are provided on an "as is" basis. Brunette Tire, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Brunette Tire and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the Brunette Tire systems. No information obtained by you from the web site shall create any warranty not expressly stated by Brunette Tire in these terms of use.

Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

LIMITATION OF LIABILITY

To the extent permitted by applicable law and to the extent that Brunette Tire is otherwise found responsible for any damages, Brunette Tire is responsible for actual damages only. To the extent permitted by law, in no event shall Brunette Tire, its affiliates, its licensors, its suppliers or any third parties mentioned at the web site be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the web site, the Brunette Tire systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Brunette Tire is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use.

COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL

You agree to use the website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Brunette Tire, negatively reflect on the goodwill or reputation of Brunette Tire and shall take no actions which would cause Brunette Tire to be in violation of any laws, rulings or regulations applicable to Brunette Tire.

Brunette Tire and the website are based in Canada. Canada and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content to countries or persons prohibited under Canada or other applicable export control laws or regulations. If you access and download the Content or Information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. you are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.

JURISDICTION

To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the web site, the Brunette Tire systems, information, services and content shall be instituted in a provincial or federal court sitting in the county of fulton, state of georgia, united states of america and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. you agree that any claim or cause of action arising out of or related to your use of the web site, the Brunette Tire systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

GOVERNING LAW AND LANGUAGE

Any use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of British Columbia without regard to its conflict of law rules.

GENERAL

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

WRITTEN DOCUMENT

You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.

COMPLETE AGREEMENT

Except as expressly provided in a separate license, service or other written agreement between you and Brunette Tire, these terms of use constitute the entire agreement between you and Brunette Tire with respect to the use of the web site, the Brunette Tire systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

FOR RESIDENTS OF QUEBEC

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent qúelles ont exigé que ces Conditions d'utilisation et tous les documents liés au présent, présents ou futurs, être rédigées dans la langue anglaise seulement.

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