MyTireMonkey Terms of Use

Welcome to MyTireMonkey, a service of TireWare, Inc. (hereinafter referred to as "MyTireMonkey"). By using this website, you accept this Terms of Use Agreement. This is a legally binding agreement between you and MyTireMonkey; please read it carefully.

General Provisions
MyTireMonkey respects your privacy. Please take a moment to review our Privacy Statement. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to info@mytiremonkey.com, along with an explanation of your objection.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending a notice by U.S. Mail to: MyTireMonkey, TireWare, Inc., 304 S. Broad Street, Edenton, NC 27932.

The Web is an evolving medium. MyTireMonkey may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. MyTireMonkey may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

Pricing
Despite our best efforts, a small number of tires may be mispriced. If we discover this, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Out of Stock
Occasionally MyTireMonkey may be temporarily out of stock on a certain tire. In that case we will either contact you to re-schedule your installation, or cancel your order and notify you of such cancellation.

Returns and Refunds
You may return new tires to the dealer who installed them within 10 days of installation for a refund, excluding installation costs and a 7% restocking fee. Only unused product that has not been driven on is eligible for return. Please call us for a Return Authorization Number. You should expect to receive your refund within four weeks of returning your tires. All tires are sold FOB Origin.

Tread Warranty
The tires sold by MyTireMonkey are warranted by the manufacturer of the tire. If you think your tire is eligible for replacement under the manufacturer’s warranty, you can take that tire to any dealer that carries your brand. Moreover, our monkey will be happy to assist in obtaining fulfillment of a manufacturer’s warranty (800-853-7130).

Road Hazard Program
Road hazard damage is damage that occurs when a tire fails as a result of a puncture, bruise or break incurred during the course of normal driving on a maintained road. Common road hazards include potholes, curbs, nails, glass, and sharp objects. None of these are covered by the manufacturer’s warranty. Our dealer / installers would be glad to discuss a road hazard policy with you.

Tire Data
Although data on MyTireMonkey is believed to be accurate, neither we nor the source from which we have obtained this data make any warranty or guarantee regarding the completeness, accuracy, merchantability or fitness of any of this data for any particular purpose. Your use of this data is at your sole risk

Ownership and Permissions
MyTireMonkey is made available for your personal, non-commercial use only. The materials on this site are the property of MyTireMonkey or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on MyTireMonkey should be sent to our Customer Service Manager, MyTireMonkey, 304 S. Broad Street, Edenton, NC 27934 or to Customer Service.

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by MyTireMonkey or any of its affiliates. However, without the prior written permission of MyTireMonkey, you may not frame any of the content of MyTireMonkey, nor incorporate into another website or other service any intellectual property of MyTireMonkey or its licensors. Requests for permission to frame our content may be sent our Customer Service Manager, either by email or at the address above.

MyTireMonkey® and the MyTireMonkey logo, which are trademarks of TireWare, Inc., are used by MyTireMonkey and TireWare, Inc. under license from TireWare, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on MyTireMonkey without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2008 MyTireMonkey and TireWare, Inc. and/or its licensors. All rights reserved.

You may post listings, ratings, reviews, comments and other content, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to MyTireMonkey or third parties. By submitting content to MyTireMonkey you agree to abide by this Terms of Use Agreement and any rules or policies established by MyTireMonkey for the area of our site in which you post your content.

By submitting searches, comments or other content to MyTireMonkey, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit. You further represent that the content is accurate, that the use of the content you submit does not violate this Terms of Use Agreement, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless MyTireMonkey, its affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys’ fees) resulting from content you submit.

By submitting any content to MyTireMonkey, you are permanently granting MyTireMonkey and its affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, MyTireMonkey uses submitted data to derive other useful information for display, sale and distribution. You further grant to MyTireMonkey and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.

Although MyTireMonkey cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to MyTireMonkey. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or MyTireMonkey.

Notwithstanding the foregoing, MyTireMonkey takes no responsibility and assumes no liability for any content posted to our website by you or other third parties.

Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." MYTIREMONKEY AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYTIREMONKEY AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL MYTIREMONKEY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MYTIREMONKEY AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MYTIREMONKEY, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SELL YOUR CAR SERVICE.

Miscellaneous
No spamming or data scraping. We want potential buyers visiting MyTireMonkey to feel free to share their phone numbers with those dealers installing tires. Dealers agree to use the phone numbers of those responding to our listing only for purposes of communicating with them about the installation of that tire. By using this website, you agree not to use information concerning other users of MyTireMonkey, or the tires searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to install tires.

This Terms of Use Agreement has been made in, and will be construed in accordance with the laws of, the State of North Carolina. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Wake County, North Carolina in all disputes arising out of or relating to this Agreement or use of this website.


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MyTireMonkey Terms of Use Welcome to MyTireMonkey, a service of TireWare, Inc. (hereinafter referred to as "MyTireMonkey"). By using this website, you accept this Terms of Use Agreement. This is a legally binding agreement between you and MyTireMonkey; please read it carefully. General Provisions MyTireMonkey respects your privacy. Please take a moment to review our Privacy Statement. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to info@mytiremonkey.com, along with an explanation of your objection. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending a notice by U.S. Mail to: MyTireMonkey, TireWare, Inc., 304 S. Broad Street, Edenton, NC 27932. The Web is an evolving medium. MyTireMonkey may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. MyTireMonkey may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time. Pricing Despite our best efforts, a small number of tires may be mispriced. If we discover this, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Out of Stock Occasionally MyTireMonkey may be temporarily out of stock on a certain tire. In that case we will either contact you to re-schedule your installation, or cancel your order and notify you of such cancellation. Returns and Refunds You may return new tires to the dealer who installed them within 10 days of installation for a refund, excluding installation costs and a 7% restocking fee. Only unused product that has not been driven on is eligible for return. Please call us for a Return Authorization Number. You should expect to receive your refund within four weeks of returning your tires. All tires are sold FOB Origin. Tread Warranty The tires sold by MyTireMonkey are warranted by the manufacturer of the tire. If you think your tire is eligible for replacement under the manufacturer’s warranty, you can take that tire to any dealer that carries your brand. Moreover, our monkey will be happy to assist in obtaining fulfillment of a manufacturer’s warranty (800-853-7130). Road Hazard Program Road hazard damage is damage that occurs when a tire fails as a result of a puncture, bruise or break incurred during the course of normal driving on a maintained road. Common road hazards include potholes, curbs, nails, glass, and sharp objects. None of these are covered by the manufacturer’s warranty. Our dealer / installers would be glad to discuss a road hazard policy with you. Tire Data Although data on MyTireMonkey is believed to be accurate, neither we nor the source from which we have obtained this data make any warranty or guarantee regarding the completeness, accuracy, merchantability or fitness of any of this data for any particular purpose. Your use of this data is at your sole risk Ownership and Permissions MyTireMonkey is made available for your personal, non-commercial use only. The materials on this site are the property of MyTireMonkey or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on MyTireMonkey should be sent to our Customer Service Manager, MyTireMonkey, 304 S. Broad Street, Edenton, NC 27934 or to Customer Service. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by MyTireMonkey or any of its affiliates. However, without the prior written permission of MyTireMonkey, you may not frame any of the content of MyTireMonkey, nor incorporate into another website or other service any intellectual property of MyTireMonkey or its licensors. Requests for permission to frame our content may be sent our Customer Service Manager, either by email or at the address above. MyTireMonkey® and the MyTireMonkey logo, which are trademarks of TireWare, Inc., are used by MyTireMonkey and TireWare, Inc. under license from TireWare, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on MyTireMonkey without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2008 MyTireMonkey and TireWare, Inc. and/or its licensors. All rights reserved. You may post listings, ratings, reviews, comments and other content, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to MyTireMonkey or third parties. By submitting content to MyTireMonkey you agree to abide by this Terms of Use Agreement and any rules or policies established by MyTireMonkey for the area of our site in which you post your content. By submitting searches, comments or other content to MyTireMonkey, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit. You further represent that the content is accurate, that the use of the content you submit does not violate this Terms of Use Agreement, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless MyTireMonkey, its affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys’ fees) resulting from content you submit. By submitting any content to MyTireMonkey, you are permanently granting MyTireMonkey and its affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, MyTireMonkey uses submitted data to derive other useful information for display, sale and distribution. You further grant to MyTireMonkey and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you. Although MyTireMonkey cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to MyTireMonkey. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or MyTireMonkey. Notwithstanding the foregoing, MyTireMonkey takes no responsibility and assumes no liability for any content posted to our website by you or other third parties. Disclaimer of Warranties, Limitation of Liability, and Indemnification IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." MYTIREMONKEY AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYTIREMONKEY AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL MYTIREMONKEY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MYTIREMONKEY AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MYTIREMONKEY, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SELL YOUR CAR SERVICE. Miscellaneous No spamming or data scraping. We want potential buyers visiting MyTireMonkey to feel free to share their phone numbers with those dealers installing tires. Dealers agree to use the phone numbers of those responding to our listing only for purposes of communicating with them about the installation of that tire. By using this website, you agree not to use information concerning other users of MyTireMonkey, or the tires searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to install tires. This Terms of Use Agreement has been made in, and will be construed in accordance with the laws of, the State of North Carolina. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Wake County, North Carolina in all disputes arising out of or relating to this Agreement or use of this website. © 2008 TireWare, Inc.
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