PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE TO BE SURE YOU UNDERSTAND THEM COMPLETELY. USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS OF USE.
1. Acceptance of the Terms of Use.
These terms of use are entered into by and between You and Wheel Center, Inc., including its subsidiaries and affiliates (collectively, the “Company” or “We” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “TOU” or “Terms of Use”) govern your access to and use of this website www.wheelcenter.com, including any content, functionality, and services offered on or through www.wheelcenter.com (the “Website” or “site” or “website”), whether as a guest or registered user. These Terms of Use are a legally binding agreement between you and the Company, and contain important information about the Website and your use of the Website. If you do not agree to these Terms of Use, please do not use the Website.
All information on this website or offered through communications related to this site are for information use only. You should always consult with a wheel and tire professional before purchasing anything or modifying your vehicle.
2. Changes to the Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. 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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, 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 must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to 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. You also agree to ensure that you exit from your account at the end of each session. 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.
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 of Use.
4. Restrictions on the Use of the Website.
As a condition of using this site, you agree that you will not:
Without the prior written consent of the Website, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Submit, display, or transmit any User Content that exceeds the Website’s capacity limits or for which you do not own or have the necessary and appropriate rights;
Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or monitor or copy Content;
Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
5. Site Security Use Restrictions.
The Company takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:
interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot,” spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network; attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any part of this website; or
link to, frame, or otherwise reproduce this site or any other part of the Website without the prior written consent of the Company.
The Company reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
6. Eligibility.
You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies, and such policies are herein incorporated by reference.
7. Ownership of Content.
Company websites may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content,” but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. The Company makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by the Company or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You shall not modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; and/or access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
8. Trademarks and Proprietary Rights Notices.
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by the Company or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of the Company. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other Company website.
9. Copyright.
Copyright to all Content on the site is either owned by the Company, is licensed to the Company, or was cleared of any licensing or copyright; to the best of our knowledge. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of the Company.
10. Notification of Claims of Infringement.
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact the Company via email at info@wheelcenter.com.
It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. Please contact the Company at info@wheelcenter.com to submit a DMCA Notice. DMCA Notices must be in writing and must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
11. User Content.
Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site, you hereby grant the Company and its subsidiaries, affiliates, and service providers, and each of their and our respective licensees, successors, and assigns an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from the Company in connection with the Company’s exercise of its license rights in and to the User Content you have posted on this site. You acknowledge and agree that the Company is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to the Company and our subsidiaries, affiliates, and service providers the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
The Company has no obligation to monitor this site or any portion thereof. However, the Company reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. The Company has no obligation to display or post any User Content. The Company reserves the right to disclose, at any time and from time to time, any information or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. The Company shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.
12. Community Code of Conduct.
The Website may offers community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. The Company does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither the Company nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to the Website in accordance with these TOU. In addition to complying with the restrictions set forth in Sections 4 and 5 of these TOU, you further represent and warrant that you will abide by the following rules:
You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
Except as specifically authorized the websites and in designated classified ads sections of The Website, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a founder or partner, or falsely states or otherwise misrepresents your affiliation with a person or entity.
You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website.
You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
You will not use any form of automated device or computer program that enables the submission of postings or User Content on the website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. You will not use a posting agent to post User Content to the website.
You will not pose any User Content, or otherwise use the website in any way, that: (i) damages the reputation or good will of Company; (ii) contains any message or connotation that would be harmful to the Company or its business; or (iii) is indecent, offensive, tasteless, or otherwise inappropriate as determined by the Company in its sole and arbitrary discretion.
The Company reserves the right to expand on these rules in any specific community area and to condition access to such areas on agreement with such rules, as well as to specified eligibility criteria. Without undertaking any obligation to do so, we reserves the right, in our sole discretion, to delete any postings or User Content that violate its code of conduct and/or these TOU, to deny access to its website or services to any person violating these rules, and to pursue appropriate legal action against violators. The Company will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.
13. Classified Advertisements.
The Website may provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via our website, you proceed solely at your own risk and you agree that the Company is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that the Company, through certain of its websites, merely provides a forum in which buyers and sellers can connect. The Company does not facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.
14. Online Purchases.
The Website and Company may also offer e-commerce opportunities. The Website may offer different options for visitors to purchase products or services either from the Website or from a third party (see Section 16 below concerning Third Party Sites). The Company does not guarantee that you will be satisfied with products or services purchased from us. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither the Company nor its vendors guarantee that all orders will be filled.
15. Payments and Fees.
Subscriptions, purchases, and other services requiring payment generally require use of a valid credit card. The Company and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
The Company may charge a fee to post content or for other features, products, services or licenses. You are responsible to the Company for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize the Company, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by the Company or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, the Company reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
16. Links and Third Party Sites.
This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. The Company does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and the Company has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. The Company has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. The Company does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from the Website. You acknowledge and agree that the Company has not reviewed all of the links to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
17. Privacy.
It is our policy to respect the privacy of visitors at our site. For more information please view our Privacy Policy.
18. Cookies and Automatic Data Collection.
This Website uses cookies (or browser cookies) to improve your experience. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the social media sites including, but not limited to, Facebook, Instagram, Twitter, and Youtube, may set cookies through our site which may be used to enhance your profile on the respective social media site or contribute to the data such sites hold for various purposes outlined in their respective privacy policies.
19. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website's Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
You also agree to indemnify, defend, and hold the Company and its subsidiaries, affiliates, officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site.
22. Termination of Services.
The Company may eliminate or terminate any Content or service posted on or made available through the Website and/or any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, the Company reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us.
23. Notices
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to the Company via e-mail to info@wheelcenter.com. All notices from the Company to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. Company reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
24. General Provisions.
Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.
No Waiver. No waiver by the Company of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
Entire Agreement. These Terms of Use and the materials incorporated by reference herein, form the entire understanding and agreement between you and the Company with respect to your use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.
No Agency. You acknowledge and agree that the Company, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between the Company and either you or any vendor, business or promotional partner or advertiser at this site.
Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of Wisconsin, irrespective of its conflicts of laws provisions. In the event that the Company wishes to pursue injunctive or other equitable relief as a result of your violation of these TOU and/or your infringement of the Website’s intellectual property rights, the Company may bring legal action against you in any federal or state court having jurisdiction.
Injunctive Relief. You acknowledge and agree that any violation or breach of the TOU may cause the Company immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, the Company has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to the Company in law or in equity, the Company may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
Geographic Restrictions. The owner of the Website is based in the State of Wisconsin in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
25. Comments and Concerns.
This Website is operated by Wheel Center, 741 S.Airport Way Stockton CA 95205. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@wheelcenter.com.
Last Revision: April 01, 2024
