Terms of Service
If you do not agree to these Terms, you may not use the Website or the Resources.
Changes to the Terms
If you do not agree with future changes to the Terms, you are free to reject them. That means you will no longer be able to use the Resources. If you use the Resources in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described herein, no other amendment or modification of these Terms will be effective unless in writing and signed or otherwise consented to by both you and us.
These Terms may also change due to us constantly trying to improve our Website and our Resources. We reserve the right to change the Terms at any time. You should review our Website periodically to ensure that you are aware of our current Terms. Modifications to these Terms will be effective immediately upon posting. Your continued use of the Website or the Resources after such modifications will constitute your acknowledgement and agreement of the modified Terms. If any modification of the Terms is not acceptable to you, you should no longer use the Website and the Resources.
Please note that we do not knowingly collect or solicit Personal Information from individuals under 18 years old. If you are under 18, please do not attempt to register or send any Personal Information about yourself to us. If we learn we have collected Personal Information from an individual under 18, we will delete that information as quickly as possible. Please contact us if you believe that an individual under 18 may have provided us Personal Information.
Grant of Access
We grant you a personal, limited, non-transferable, non-exclusive right to access and use the Website as set forth in these Terms, provided that:
(i) your use of the Website as permitted hereunder is solely for your personal, non-commercial use;
(ii) you will use the Website only for purposes that are permitted by these Terms;
(iii) you will not alter, adapt or otherwise modify any part of the Website other than as may be reasonably necessary to use that part of the Website for its intended purpose;
(iv) you will use the Website in accordance with all applicable laws and regulations;
(v) you will otherwise comply in full with these Terms; and,
(vi) you will not distribute or transfer any portion of the Website on any media or electronically without our prior written approval.
We shall use commercially reasonable efforts to provide continuous access to the Website. We do not guarantee that the Website will be accessible at all times. The Website may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Website inaccessible for a limited amount of time due to unforeseen circumstances. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We may use service providers or subcontract services, such as, but not limited to, offsite data hosting and storage, to third parties, which may be inside or outside the Canada.
We reserve the right to withdraw or amend the Website, and any Resources or material we provide on or via the Website, in our sole discretion without notice. From time to time, we may restrict Users access to some parts of the Website, or the entire Website.
When you choose 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 should not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you should not provide any other person with access to this Website 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. If you become aware that your password may be compromised, you should immediately change it on your User account page. You also agree to ensure that you exit / log off from your account at the end of each session of use. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates the terms of these Terms or any applicable law, then we may suspend or terminate your account. 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.
Data uploaded to our Website is backed up periodically, but we are not responsible for storing or retaining data or content and we shall not be liable for any loss, deletion or alteration of any posted content or user data. Users should have a backup copy of their data before uploading. We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, text and images), are owned by us, our licensors or is used with permission, and are protected by Canada, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Other than as expressly provided herein, no right, title or interest in or to the Website or any content on the Website is granted to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
(i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(ii) you may store files that are automatically cached by your web browser for display enhancement purposes;
(iii) you may print or download a reasonable number of pages of the Website (or any downloadable content offered in any of the Website pages) for your own use and not for further reproduction, publication or distribution.
You may not modify copies of any materials from the Website, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
TireCritic.com and our other brands and all related trademarks and service marks, are our trademarks or are used with permission. You may not use such marks without our prior written permission. All other brands on this Website are the trademarks of their respective owners.
We shall own any improvements or modifications you suggest to the Website or our Resources, and you agree to and do hereby assign to us all your right, title and interest in and to any modifications and improvements automatically upon creation and without the need for further action, consideration, or notice to affect such assignment.
Restrictions on Use
You shall not (and shall not allow any third party to):
(i) engage in commercial use of the Website or any content on the Website;
(ii) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Website for other
than your own personal, non-commercial use;
(iii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or Resources or in or on any content or other material obtained via the Website or the Resources;
(iv) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device robot, spider, site search / retrieval application, or other automated device, process or means
to access, retrieve, scrape or index any portion of the Website or the Resources, including, but not limited to, for purposes of constructing or populating a searchable database;
(v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose;
(vi) reformat or frame any portion of the web pages that are part of the Website or the Resources;
(vii) create user accounts by automated means or under false, misleading or fraudulent pretenses;
(viii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or the Resources or otherwise interfere with other users’ or members’ enjoyment of the
Website or the Resources;
(ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(x) use the Website or the Resources to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or
(xi) copy or modify the HTML code used to generate web pages on the Website;
(xii) use any device, software or procedure that interferes with the proper working of the Website or the Resources, or otherwise attempt to interfere with the proper working of the Website or the Resources;
(xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
(xiv) modify, adapt, translate, or reverse engineer any portion of the Website or the Resources;
(xv) use the Website or the Resources, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation.
In certain areas of our Website you are able to submit for posting reviews, comments and/or other User Content. 'User Content' means the text, and, where permitted, the files, images, photos, videos, sounds, works of authorship and/or other materials and content submitted by you to us via our Website or by other means. You retain copyright and any other rights you already hold in User Content which you submit. By submitting User Content you agree to and do hereby grant us, and our successors and assigns us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, sublicense, transmit, and broadcast any User Content which you submit and to provide such User Content to any other User of the Website or Resources, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You agree that this license includes a right for us to make such User Content available to other companies, organizations or individuals with whom us has relationships for the provision of services, and to use such User Content in connection with the provision of those services. You understand that we, in performing the required technical steps to provide the Resources to our users, may:
(i) transmit or distribute your User Content over various public networks and in various media;
(ii) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media.
You agree to abide by our Review Submission Guidelines (as set out at the end of these Terms).
We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other content. You are solely responsible for your User Content and may be held liable for User Content that you post.
The terms of this Agreement shall commence upon your use of the Website or ResourceBest Tires of a User account, and shall continue until terminated.
We reserve the right to stop providing the Resources to you or access to the Website at any time for any reason and without prior notice.
We reserve the right, at our sole discretion, to close your User account, without prior notice, for any one or all of the following:
(i) if you, whether intentionally or unintentionally, breach any section of these Terms;
(ii) if we receive notice that you or your company will be or is subject to insolvency proceedings;
(iii) if, in our judgment, your use of the Website has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers;
(iv) if you fail to cure any suspension of your User account to our satisfaction, and within the time frame we specify.
In the event of any such closure of your User account, you will not be eligible for a refund of any fees and you may be prohibited from reopening an account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any damages or loss caused by closure of your User account pursuant to this section of these Terms. You agree to hold us harmless from and against any and all claims, losses and damages arising from any closure or suspension of your User account.
In the event of any closure of your account pursuant to (ii) above, you will not be eligible for a refund of any fees and you may be prohibited from reopening your User account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure of your User account pursuant to this section of the Terms.
Upon any closure of your User account:
(i) this Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive);
(ii) all access to the Resources and your User account will cease immediately;
(iii) and all of your data and User Content will (at our option) be deleted from our servers and backup systems and we may not have or keep backup of the data and User Content.
You agree to hold us harmless from and against any and all claims, losses or damages arising from any closure of your User account. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your User account or any of the Resources formerly associated with your account following any closure.
This Website and the Resources presented on this Website, including, without limitation, text, graphics and links, are provided 'as is' and without warranties of any kind, whether express or implied other than as expressly stated herein. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and warranties arising from course of dealing, or course of performance or usage of trade. We do not represent or warrant that the functions contained in the site, software, or related to the services will be uninterrupted or error-free, that defects will be corrected, or that the site, software, or related to the services or the server that enables the services to be available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Depending on the state in which you resided, some or all of the above limitations may not apply to you. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Limitation of Liability
The Website and the Resources are provided on an 'as is' and 'as available' basis. We shall not be liable for any damages you or any other person may suffer. Notwithstanding the foregoing, you agree that in no event will we be liable to you or any other person for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of the services) arising out of or in relation to this agreement or your use or inability to use the site or the service (including, but not limited to, inoperability of our or our contractors' servers), regardless of the form of action, whether in contract, tort (including negligence) 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. This includes, but is not limited to, any loss that may occur due to any loss of the use of the Website or the Resources, access delays or access interruptions to the services, the non-delivery or mis-delivery of data between you and us, events beyond our reasonable control, the non-recognition of our hosting servers, the protection or privacy of electronic mail or other information transferred through the internet or any other network provider or service its customers may utilize, or the application of any policy set forth herein.
You acknowledge and agree that your sole and exclusive remedy for any dispute with us, our owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors arising out of or relating to the Website, the Resources, or any user content is to stop using the site and services, and to cancel your user account. You acknowledge and agree that we, our owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the services. In no case shall the liability of us, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors to you exceed the greater of the amount that you paid to us for the service or one hundred ($100) US dollars.
If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are a visitor to the site from New Jersey, certain warranties and/or limitations of liability, including the limitation of liability based on our negligence, gross negligence, or intentional conduct may not apply to you or may be unenforceable under New Jersey law. Such provisions are enforceable only to the full extent permitted by New Jersey law.
By utilizing the Website or the Resources you agree to indemnify, defend and hold us and our officers, directors, employees, agents and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by us through your use of the Website or the Resources or your posting or transmission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party's intellectual property, confidentiality, privacy or publicity rights). You also agree to take sole responsibility for any royalties, fees or other monies owed to any person or entity by reason of any content you post or transmit through the Website or the Resources we provide. 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 in such case, you agree to cooperate with our defense of such claim. This Section shall survive any expiration or termination of the Terms.
Our Website is operated in the Canada, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
By creating a User account or giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the Communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our Resources (collectively, 'Communications'). You may change the email or mobile phone number on file for your User account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us.
You may not assign, convey, or transfer (whether by contract, merger or operation of law) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party's permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction. In addition, when a potential buyer is interested in pursuing a merger, acquisition or another type of business combination with us, you agree that we may provide the potential buyer with your Personal Information, subject to the restrictions in these Terms.
The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or respective service providers. There are no third-party beneficiaries to these Terms.