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Treadmaxx.com Terms of Service and Purchase

By accessing and using this website located at www.treadmaxx.com (the “Website”), or otherwise availing yourself of the services, products, and information offered by Treadmaxx Tire Distributors, Inc. (“Treadmaxx”) through the Website, including the purchase of any products via the Website, you agree to be bound by these Terms of Service and Purchase (hereinafter “Terms Of Service” or “Agreement”) in effect at the time of each such access, purchase, or other use.

You also acknowledge that Treadmaxx may, from time to time, in its sole discretion and without notification to you, modify these Terms of Service. It is Your responsibility to apprise yourself of any such revision or modification each time you visit or use the Website. If You do not so agree, you are not authorized to access or use the Website in any manner, and You must exit the Website immediately by clicking on the “Exit” link at the bottom of this page.

 

 

I. Overview

Treadmaxx provides a wide selection of tires and wheels available for purchase by authorized purchasers via this Website. Treadmaxx has created this Website as a means of providing via the Internet access to information about the various products and services offered by Treadmaxx, as well as the means for authorized purchasers to purchase certain of these products online. The features, information, and services that are featured or may be purchased from Treadmaxx (either via the Website or otherwise) are collectively referred to herein as the “Services.” The various Treadmaxx products that, at any given time, are featured or may be purchased via the Website are collectively referred to herein as the “Products.”

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II. Terms and Conditions

A. You Provide Internet Access
To access the Website and use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices.

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B. Website Intended For Adults
As used in these Terms and Conditions, “We” and “Us” refers to Treadmaxx and its related companies. “You” and “Your” refers to the business authorized by Treadmaxx to access and use the Website, and “Authorized Users” are those employees designated by You and provided a personal user ID and password by You in order to access the Website. Authorized Users must be eighteen years old or older to purchase any Product on Your behalf via the Website. The Website shall be accessible to You and Your Authorized Users only by entering a personal user id and password on the Website. You are responsible for ensuring that all of Your Authorized Users comply with the terms applicable to Your use of Website as outlined in this Agreement.

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C. Accessibility And Availability
Treadmaxx makes no guarantees regarding the availability of the Website, the Services, and the availability of any given Products referenced in the Website. Furthermore, Treadmaxx reserves the right, within its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that Treadmaxx will not be liable to You for any such discontinuance or modification of the Website or the Services. Treadmaxx reserves the right to change or modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion and to determine whether and when any such changes apply to You. Any changes or modifications will be effective upon posting of the revisions on the Website. Treadmaxx may post changes or modifications to referenced policies and guidelines without Your approval. Your continued use of the Services following Treadmaxx’s posting of any changes or modifications will constitute Your acceptance of such changes or modifications.

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D. Authorized Use
Treadmaxx grants You a limited license to access and use the Website for purposes and uses that are legal and that are otherwise permitted by these Terms Of Service. This license includes the commercial use of this Website and its contents, the commercial collection and use of product listings, descriptions, and prices. Other than page caching, You are not authorized to download or modify the Website or any portion of it, except with express written consent of Treadmaxx. This license does not include any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with these Terms of Service.

This Website may contain materials from third parties (“Third-Party Materials”). All third-party materials contained in this Website are subject to the terms of this Agreement, including, without limitation, the Warranties and Disclaimers set forth herein. Any unauthorized use terminates the permission or license granted by Treadmaxx concerning the Website. Treadmaxx, in its sole discretion, may terminate this license issued to You at any time for any reason.

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E. Linking (To & From) The Website; Advertisers
1. Linked-To Sites
Treadmaxx may provide via the Website, links to other World Wide Websites or resources and advertisements or other such promotional materials for third-parties. Because Treadmaxx has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, You acknowledge and agree that Treadmaxx is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, You acknowledge and agree that Treadmaxx shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or the quality of any goods or services offered by or through any linked-to third-party site.

2. Links To Treadmaxx.com From Other Sites
Unless otherwise authorized in writing by Treadmaxx, neither You nor any other third-party is authorized to link to any web page contained in the Website including the Treadmaxx.com home page. Such links are expressly prohibited. Furthermore, in no event may you or any third-party link to the Treadmaxx.com website in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party website as to the true ownership or sponsorship of Treadmaxx.com website and/or as to the existence or lack thereof of some affiliation or other relationship between Treadmaxx.com and the third-party and/or its website.

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F. Prohibition Against Harmful Transmissions
You agree that You will not upload, post, e-mail, or otherwise transmit to the Website or to any other user any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

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G. Warranties And Limitation Of Liability

1. Treadmaxx Warranties
NEITHER Treadmaxx NOR ANY OF ITS UNDERLYING PRODUCT OR SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS IS EXPRESSLY outlined in THE FOLLOWING PARAGRAPH, THE SERVICES AND ANY PRODUCTS YOU PURCHASE ARE DISTRIBUTED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. ALL ARTICLES AND MATERIAL DISPLAYED ON THE WEBSITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE. NEITHER Treadmaxx NOR ANY OF ITS UNDERLYING PRODUCT OR SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE WEBSITE OR THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF Treadmaxx PRODUCTS VIA THE WEBSITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS THE SOLE AND LIMITED WARRANTY FOR PRODUCT(S) PURCHASED VIA THIS WEBSITE, THE ORIGINAL CONSUMER THAT PURCHASES THE PRODUCT(S) FOR USE (AND NOT FOR RESALE) SHALL RECEIVE ONLY THAT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH PRODUCT(S), IF ANY, WITH THE PURCHASE OF SUCH PRODUCT(S).

2. Limitation Of Liability Treadmaxx
SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, USE OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR FRAUDULENT OR WRONGFUL MEANS OR DEVICES. Treadmaxx SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Treadmaxx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Treadmaxx TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR ACTUAL PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO Treadmaxx FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

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H. Indemnification
You agree to indemnify, defend, and hold harmless Treadmaxx, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach by You or any of Your Authorized Users of any of Your agreements hereunder; and/or (ii) arises out of the negligence or willful misconduct by You or Your Authorized Users.

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I. Severability
If one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

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J. Entire Agreement
This Agreement constitutes the entire agreement between You and Treadmaxx concerning the Services and Products provided or purchased via this Website and supersedes all previous agreements or representations, written or oral, concerning the Services and Products provided or purchased via this Website. It is agreed that any terms and conditions of any purchase order from You shall be superseded by the terms and conditions of this Agreement.

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K. Choice Of Law
This Agreement, and any disputes arising from relating to, or touching upon the Agreement and the subject matter hereof, shall be construed under and governed by the law of the State of Georgia.

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L. Choice Of Venue And Acknowledgment Of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject matter hereof, shall be brought or commenced, if at all, only in the Superior Court of Clayton County, State of Georgia, or, if and only if that Court lacks subject matter jurisdiction to hear such claim, the United States District Court for the Northern District of Georgia. By accessing and using the Website, You submit to personal jurisdiction in Georgia in any action by Treadmaxx against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

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M. Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

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N. Waiver
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

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O. Treadmaxx Intellectual Property
The Website contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, video, graphics, music, and sound. The entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Treadmaxx owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Treadmaxx and the copyright owner, if other than Treadmaxx. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website.

The trademarks and service marks on the Website, along with other logos and product and service names used on the Website, are trademarks of Treadmaxx, Inc. or Treadmaxx’s suppliers (the “Marks”). Without the Mark owner’s prior written permission, you agree not to display or use in any manner, the Marks in any way not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Terms of Service.

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P. Complaints
Treadmaxx respects the intellectual property and legal rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement or improper use, please notify us in writing immediately.

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Q. Contact
Please direct all inquiries and other communications relating to the Website and the Services to:

Treadmaxx, Inc.
2832 Anvil Block RD.
Ellenwood, GA 30294

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R. Local Laws
You warrant and agree that Your access to and use of the Website complies with the laws governing such access, use, and related conduct in Your geographic region.

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S. Securities
Treadmaxx may make changes to the information in this Website, or to the Products or Services described herein, at any time without notice. Treadmaxx does not commit to updating this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. Treadmaxx is not a publicly-traded company.

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T. Prohibited Conduct
Use of this Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute a violation of state and federal civil and criminal laws and may result in civil or criminal prosecution. Furthermore, without limiting other remedies, Treadmaxx may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your (or any Authorized Users) privilege to use and access the Website if You (or an Authorized User): (1) breach this Agreement; and/or (2) take actions that Treadmaxx believes may result in legal liability for You, for Treadmaxx, or for other Website users.

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U. Additional Terms (Purchases)
1. "Authorized User"
Information YOU MUST BE AUTHORIZED BY Treadmaxx TO PURCHASE PRODUCTS VIA THIS WEBSITE. You agree to designate an individual who will be responsible for all communications between Treadmaxx and You regarding the use of this Website by You and Your Authorized Users (the “Administrative Representative”). Treadmaxx will provide to the Administrative Representative a user identification number for each of Your locations for which the Administrative Representative requests a user identification number. Access to the Website will require both the user identification number and a password. The Administrative Representative will be responsible for deciding which of Your employees will be permitted access to the user identification number and assigning and managing the distribution of passwords to Your Authorized Users, including additions or deletions of Authorized Users (and their related passwords). You authorize and direct Us to act upon all instructions received by Us by use of the user identification numbers provided to Your Administrative Representative and by Your Authorized Users’ use of and access to the Website. You shall be solely responsible for the genuineness and accuracy, both as to content and form, of all instructions and other communications properly received by Us; provided that We actually receive an instruction, and such instruction appears to be genuine, We shall act on each such instruction independently, and You shall not repudiate the authenticity of any instruction given to Us by an Authorized User or by use of a user identification number provided to you as described herein. The Website shall be used by You and Your Authorized Users only after the appropriate security procedures have been completed. You agree to immediately notify Us of the loss or theft of a password or user identification number, any unauthorized use of a password or user identification number, or any other breach of security. You warrant that You shall not permit any Authorized User to use the same password combination to log into the Website; that You shall require Authorized Users to change passwords at regular intervals, not to exceed 90 days; that You shall not permit Authorized Users to employ passwords identical or substantially similar to any other password; and that You shall not permit any Authorized User to employ a password identical or substantially similar to a password which had expired within the preceding twelve months. You shall be responsible for the consequences of any misuse of, unauthorized use of, or access to the Website by use of the user identification numbers provided to You as described herein or by Your Authorized Users, including any fraudulent purchases of Products and Services, and disclosure of any confidential information or other breach of these Terms of Service by, Your Authorized Users.

2. Availability And Means Of Purchase
You may order the Treadmaxx Products described on the Website by mail, e-mail, facsimile, telephone, or via the Website.

3. Errors In Pricing
If Treadmaxx makes an error in the price of a Product or Service listed on the Website, Treadmaxx shall have 72 hours in which to cancel any sales made electronically at the incorrect price. Purchasers whose order contains an incorrect price shall be notified within 72 hours of their attempt to purchase. At its sole discretion, Treadmaxx may elect to honor such errors in price.

4. Product Shipment And Delivery
Treadmaxx shall not be liable for any delay or failure to deliver Products or otherwise perform (other than a refund of monies paid in the instance of a complete failure to ship), including but not limited to any instances where such failure or delay has been occasioned by matters such as fire, flood, embargo, strike, lockout, act of God, shortage of raw material or power, terrorist act, governmental action or compliance with governmental requirements, whether voluntary or pursuant to order, or any other circumstance beyond Treadmaxx’s control. Furthermore, delivery dates are based on production estimates and on Treadmaxx’s reasonable efforts to ship on schedule. Treadmaxx reserves the right to fill orders by complete or partial shipments. Finally, all items purchased from Treadmaxx are made according to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier. Products may be shipped to Your address or another address specified by You.

5. Returned Goods Policy
a. Generally
Products that You purchase may not be returned, without the prior consent and authorization of Treadmaxx, which may be given or withheld in the sole discretion of Treadmaxx. Such Products will be considered for return only if (i) the Products are defective, covered by the manufacturer’s warranty and you report such defect to Treadmaxx within the manufacturer’s warranty period by the original consumer purchasing the Product for use (and not resale), or (ii) the Products otherwise fail to conform to the order that You placed. If Treadmaxx approves any such returns, Treadmaxx will provide a Return Authorization Code. You are responsible for paying the shipping costs when applicable, for any returned Products. Upon receipt of the Product, Treadmaxx will inspect the Product to confirm the defect. Upon confirmation of the alleged defect, Treadmaxx will refund Your reasonable return shipping costs and at Your option, either: (a) credit Your account for the purchase price; or (b) replace the returned Products. Conversely, if Treadmaxx disputes the presence of the alleged defect, Treadmaxx will contact You and attempt in good faith to negotiate a mutually-satisfactory resolution to the dispute.

b. Requesting Authorization For A Return
To request a return authorization for a return of and refund for previously-purchased Products, You must contact Customer Service and provide the following information:
* Your name and phone number;
* The date and means of Your order;
* The Order Number;
* The name and quantity of the Products ordered;
* The reason for the requested return (i.e., the alleged defect); and
* The action requested (i.e., Product replaced or money refunded).
You agree to complete the process outlined above before returning any alleged defective goods.

6. Product Descriptions
Treadmaxx attempts to be as accurate as possible concerning Product descriptions and other information provided on the Website. However, Treadmaxx does not warrant that Product description or other content of this site are accurate, complete, reliable, current, or error-free. If a Product offered or sold by Treadmaxx itself is not as described, Your sole remedies are set forth herein. You acknowledge and understand that any descriptive information regarding any given Product referenced in the Website was provided by the manufacturer of the Product (a third-party other than Treadmaxx) and that, except as expressly described herein, your sole remedies for non-conforming or defective products lies with the Product manufacturer.

7. Auctions
You acknowledge that all Auction sales shall be conducted per rules established by Treadmaxx. From time to time in its sole discretion, Treadmaxx may change such rules at any time without notice to you, and Treadmaxx shall be the sole arbiter regarding the interpretation of such regulations and the resolution of any disputes arising thereunder.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY. YOU MUST EXIT THE WEBSITE IMMEDIATELY.

Otherwise, enjoy treadmaxx.com.

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