Welcome to the Arizonian® Tires website (the “Site”) owned and operated by Arizonian Tires LLC (“Arizonian”, “we” or “us”). The following terms and conditions (“Terms”), together with any documents referenced herein, govern your access to and use of the Site, including any content, functionality, products and services offered on or through the Site.
Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy. If you do not want to agree to the Terms or Privacy Policy, you must not access or use the Site.
1. Site Access and Use
a. Site Access. The Site is intended for persons who are 18 years of age or older. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian.
b. License. Subject to your compliance with the Terms, Arizonian grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Site. This license does not include any right to commercial use, resale or exploitation of the Site or its contents; any collection or use of product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including all intellectual property (such as trademarks, service marks, trade names, and logos) and content (such as text, graphics, images, photographs, and software), are owned by Arizonian and where applicable, our third party licensors. All Site content is protected by copyright under United States laws and international treaties. All rights not expressly granted to you in the Terms are reserved and retained by Arizonian or its licensors, rightsholders, or other content providers. No Site content may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Arizonian. Violation of Arizonian’s intellectual property rights may subject you to legal liability.
c. User Accounts. In order to access certain features or functions of the Site, you may be required to register an account (“Account”) and provide certain information about yourself as prompted by the account registration or login process. You represent and warrant that: (a) all information you provide is truthful, accurate, current, and complete; and (b) you will maintain and promptly update the information to keep it truthful, accurate, current, and complete. You are responsible for all activities that occur under your Account, including unauthorized use, and for restricting access to your Account. You agree to immediately notify Arizonian of any unauthorized use of your Account or any other breach of security. Arizonian cannot and will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from unauthorized use of your Account. You may deactivate your Account at any time by contacting customer service.
d. Age Restrictions. By using the Site, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years old, do not access or use the Site.
2. Site Rules; Conduct
a. Site Rules. You agree that you will comply with all applicable laws, rules and regulations when using the Site. In addition, you agree that you will not:
- Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site;
- Upload, post, or transmit Materials (defined below) that you do not have the right to transmit or that infringe the intellectual property, privacy, or other rights of any party;
- Use the Site to harm, harass, demean, defame, threatening, or bully other users, Arizonian employees, or any other person or entity;
- Impersonate or misrepresent your affiliation with any person, entity, or group;
- Restrict, discourage or inhibit any person from using the Site, disclose personal information about a third person, or obtain or attempt to obtain unauthorized access to the Site;
- Upload, post, or transmit any Material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, expropriate or appropriate the Site or any system, data, or personal information;
- Submit, upload, post, email, or transmit any Material that: (i) infringes, misappropriates, or violates the intellectual property rights or any other rights of any third party; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially, ethnically or otherwise objectionable; (iii) you do not have a right to make available under any law or contractual or fiduciary relationship; or (iv) contains any unsolicited or unauthorized advertising or promotional materials;
- Remove any copyright, trademark or other proprietary rights notices contained on or provided through the Site;
- Reformat or frame any portion of the Site without our express written consent;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or reproduce or circumvent the navigational structure or presentation of the Site;
- Collect usernames or other profile information, or otherwise access or use the Site, for any purpose other than your personal, non-commercial use, including seeking to exploit such information in any way;
-Probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
-Forge headers or otherwise manipulate identifiers to disguise the origin of any Materials transmitted through the Site;
-Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure;
-Link to the homepage of the Site for any purpose without our express written consent;
-Reproduce, duplicate, copy, use, distribute, sell, resell or exploit for any commercial purposes any use or access to the Site;
-Frame or utilize framing techniques to enclose any portion or aspect of the Site without our express written consent;
-Use any meta tags, pay-per-click advertising, or any other “hidden text” utilizing or incorporating the Arizonian name, trademark, URL or product name without our express written consent;
-Attempt to gain unauthorized access to the Site, Accounts registered by others, or to the related computer systems, networks, or data;
-Use the Site in any manner that violates applicable law; or
-Encourage, solicit, assist, or enable others to do any of the foregoing.
b. Conduct. While using the Site, you agree that you will not:
- Post, upload, or distribute any defamatory, libelous, or inaccurate Material;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize, or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Post or transmit any material that contains or installs any viruses, worms, bugs, Trojan horses, malware, ransomware, spyware, adware, or other harmful code or that activates or introduces any active content or device (e.g., “auto-play”).
Violation of the rules and conduct requirements in Sections 2(a) and 2(b) may lead to suspension or termination of your Account or prohibition from use of the Site.
3. User Materials
a. User Materials Generally. The Site may allow you and other users to communicate, submit, upload, or transmit audio, video, text, or other materials for display on the Site (“User Materials” or “Materials”). User Materials includes any materials, content and information that you and other users submit, upload, post, email or transmit through the Site.
b. License. By transmitting User Materials on or through the Site, you: (1) grant to Arizonian a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to access, use, store, copy, modify, prepare derivative works based upon, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner the User Materials in any formats and through any channels, including on and through third party sites and services; (2) warrant and represent that (i) you own or control all rights in and to the User Materials or have the lawful right to post the User Materials and grant Arizonian the license as provided herein, and (ii) the User Materials do not infringe upon or violate the rights of any third party; and (3) waive any moral rights in the User Materials for the benefit of Arizonian and the providers of the Site (e.g., third party services).
c. User Responsibilities. For any User Materials you submit, upload, post or transmit through the Site, you are solely responsible for compliance with the Terms, including the rules and conduct requirements in Section 2 above. You represent and warrant that you have all rights necessary to grant the licenses granted in the Terms, and that use of the User Materials as permitted herein will not infringe or violate the rights of any third party.
d. Risk of Loss. You bear all risk of loss for any User Materials you submit, upload, transmit or post to the Site. Arizonian does not make any guarantees about the security or privacy of User Materials during transmission to the Site. Arizonian is not responsible for circumvention of any privacy settings, security measures, or information you share through the Site.
e. Reporting. You may report any content that you believe violates the Terms or other inappropriate content by emailing [email protected]. Please include “Report Content” in the subject line of the email and describe the nature of the content being reported.
4. Services; Purchases
a. Services & Purchases Generally. The Site may allow you to purchase products and services from Arizonian (“Purchases”), including tire installation, wheel & tire packages, tire repair, automotive services, and related accessories. The Site may also allow you book appointments and schedule services (“Services”). All Purchases and Services are provided by Arizonian directly to you.
b. Fulfillment; Cancellation. Arizonian will make reasonable efforts to fulfill all valid Purchases and Services requests, subject to product availability and timing considerations. We reserve the right to cancel your Purchases or Services bookings in the event of errors, inaccuracies (such as errors in the description, pricing, or availability), or other issues on the Site that may impact fulfillment. Certain orders, such as custom wheel & tire packages, may not be cancelled once placed. You should carefully review your Purchases and Services details prior to submitting your order or booking.
c. Payment. All rates and prices for Services or Purchases displayed on the Site are quoted in U.S. dollars. Rates and prices do not include taxes, fees, accessories, or services, unless explicitly stated. You agree to pay all amounts associated with your Purchases and Services in accordance with the billing and payment terms presented at checkout or scheduling. Credit card payments are processed through secure third party payment processors. If you pay with credit card or certain other payment instruments, your payment may be subject to authorization, verification, and other processes that may delay order fulfillment. If charges cannot be processed successfully, we reserve the right to cancel the applicable order or Services.
d. Pickup and Delivery. For Services or Purchases requiring delivery, including tire installation or wheel & tire packages, pickup and delivery options will be presented during the checkout or booking process. Delivery and pickup routes, availability, and timing may vary. Additional fees may apply for certain delivery and pickup options and routes, which will be disclosed prior to finalizing your Purchase or Services. Signature may be required upon delivery or pickup of products. You must comply with all applicable pickup and delivery restrictions, terms and instructions, which will be provided or confirmed at the time of scheduling. Failure to be present for scheduled pickups or deliveries may result in fees or cancellation.
e. Installation; Services. You are responsible for selecting the proper tires and wheels for your vehicle. Arizonian disclaims any liability for improper tire and wheel selection. Additional fees may apply for mounting, balancing, valve stems, tire disposal, improper applications, unprecedented applications, lift kits, oversize, and additional labor or materials. For tire repair, automotive services, or other work, additional fees may be required for supplemental labor, parts, or discovery of unforeseen issues. You authorize the work, including any necessary or reasonable additional repairs or services.
5. Term; Termination
The Terms remain in effect until terminated. You may terminate the Terms at any time by ceasing use of the Site. Sections 1(b), 1(d), 3, 4, 6-10 and any other provisions that by their nature should survive termination of the Terms, shall survive termination. Arizonian may suspend, terminate or block access to all or any portion of the Site at any time in our sole discretion without notice to you. Upon termination, the license and all other rights granted to you under the Terms will immediately cease.
6. Indemnification
You agree to defend, indemnify and hold harmless Arizonian, its affiliates and their respective directors, officers, managers, employees, agents, licensors, representatives, contractors, advisers and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to (a) your access or use of the Site; (b) your User Materials and your activities in connection with the Site; (c) your breach or alleged breach of the Terms; or (d) your violation of any applicable laws, rules or regulations through or related to the Site. You will cooperate as fully as reasonably required in Arizonian’s defense of any claim subject to indemnification herein. Arizonian reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any such claim or matter without the written consent of Arizonian.
7. Disclaimers; No Warranties
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible under applicable law, Arizonian, its affiliates, and their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, account providers, and service providers (collectively, the “Arizonian Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Site (including the Content);
(b) the functions, features, or any other elements on, or made accessible through, the Site;
(c) any products, services, or instructions offered or referenced at or linked through the Site;
(d) security associated with the transmission of your User Materials transmitted to Arizonian or via the Site;
(e) whether the Site or the servers that make the Site available are free from any harmful components including, without limitation, viruses, Trojan horses, malware, adware, or spyware;
(f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, reliable, or current;
(g) whether any defects to or errors on the Site will be repaired or corrected;
(h) whether your access to the Site will be uninterrupted;
(i) whether the Site will be available at any particular time or location; and
(j) whether your use of the Site is lawful in any particular jurisdiction.
Further, the Arizonian Parties hereby disclaim any express or implied warranties including, without limitation, non-infringement, title, merchantability, and fitness for a particular purpose.
8. Limitation of Liability
The Arizonian Parties shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive or exemplary damages arising from or related to the Site, including, without limitation, lost profits, business interruption, or loss of information. Further, in no event shall the aggregate liability of the Arizonian Parties arising from or related to the Site (regardless of the form of action giving rise to such liability, whether in contract, tort or otherwise) exceed $100.
Certain jurisdictions may not allow limitations of liability for consequential, incidental, or other damages. In such jurisdictions, the foregoing limitation may not apply.
9. Privacy Policy
Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure, and transfer of your personal information. The Arizonian Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
10. Modification and Disputes
Arizonian reserves the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. In the event that any changes to the Terms materially modify your rights or obligations, we will make reasonable efforts to notify you of the change. For disputes arising from or related to the Site or Terms, you agree to submit disputes to the federal or state court located in Maricopa County, Arizona and hereby irrevocably consent to personal jurisdiction and venue in Phoenix, Arizona for resolution of any disputes arising from or related to the Site or Terms.
11. Miscellaneous Terms
a. No Assignment or Transfer by You. You may not assign, sublicense or transfer the Terms or any of your rights or obligations under the Terms without Arizonian’s prior written consent. Arizonian may freely assign or transfer the Terms.
b. Severability. If any provision of the Terms is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
c. No Waivers. No waiver by Arizonian shall be deemed a further or continuing waiver of such term or condition or any other term or condition under the Terms.
d. Electronic Communications. The communications between you and Arizonian may use electronic means. For contractual purposes, you consent to receive communications from Arizonian in an electronic form via the email address you have submitted or via the Service.
e. Entire Agreement. The Terms (including any referenced policies and guidelines) contain the entire understanding between you and Arizonian regarding the use of the Site.
f. Contact Information. Questions about the Terms or your use of the Site may be directed to [email protected].
