Kauffman Tire Inc. - Terms Of Service
You also acknowledge that Kauffman Tire may, from time to time, in its sole discretion and without notification to you, modify this Agreement. It is your responsibility to apprise yourself of any such revision or modification each time you visit or use the Site. If you do not so agree, you are not authorized to access or use the Site in any manner, and you must exit the Site immediately by clicking on the Exit link at the bottom of this page.
If Kauffman Tire makes an error in the pricing, promotional offer, promotional code, discounts or any other sales term of a Product, Service or promotion listed on the Web Site, Kauffman Tire reserves the right to cancel any transactions made or attempted using the erroneous information. Purchasers whose order contains an erroneous information shall be notified within 72 hours of their attempt to purchase. At its sole discretion, Kauffman Tire may elect to honor such errors.
Kauffman Tire is not responsible for typographical errors on the website including, but not limited to, product specifications.
Coupons, Discounts and Promotional Offers
Coupons, discounts, promotional offers, rebates, special pricing, competitive price matches and/or credits of any type may not be combined at any time.
Carry Out Items
Merchandise sold at Kauffman Tire must be installed by Kauffman Tire at potential additional cost. This includes tires, wheels and accessories unless otherwise noted.
Kauffman Tire provides a wide selection of tires and wheels available for purchase at its retail stores and authorized dealers. Kauffman Tire has created the Site as a means of providing access to information about its various products and services. The products and services that are featured on the Site are collectively referred to herein as the Services. The various Kauffman Tire products that, at any given time, are featured and/or may be purchased at Kauffman Tire retail stores are collectively referred to herein as the Products.
Terms And Conditions
User to Provide Internet Access
In order to access the Site, 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 device. Finally, you must access the Site located in Georgia.
B. Site Intended For Adults
This Site is neither directed nor designed for use by a minor child, i.e. any individual under the age of eighteen. If a minor child has provided us with personal information, Kauffman Tire asks that a parent or legal guardian of the minor child contact Kauffman Tire to have such information deleted from its databases. A parent or legal guardian may contact Kauffman Tire as provided in Paragraph Q below.
C. Accessibility And Availability
Kauffman Tire makes no guarantees regarding the availability of the Site and/or the availability of any given Products or Services referenced in the Site. Furthermore, Kauffman Tire reserves the right, within its sole discretion, to discontinue the Site and/or modify the contents of the Site or the terms related to the Products or Services as it sees fit, including but not limited to the prices, descriptions, available Products or Services, and other e-commerce related information and/or functionality. You agree that Kauffman Tire will not be liable to you for any such discontinuance or modification of the Site or terms or information contained in the Site related to Products or Services.
Kauffman Tire 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 modification will be effective upon posting of the revisions on the Site. Kauffman Tire may post changes or modifications to referenced policies and guidelines without your approval. Your continued use of the Site following Kauffman Tire's posting of any changes or modifications constitutes your acceptance of such changes or modifications.
D. Acceptable Use
You agree to use the Site only for lawful purposes. Transmission, distribution, publication, sale, or storage of any material in violation of any applicable federal, state or local law or regulation is strictly prohibited. Kauffman Tire reserves the right to terminate your usage of the Site if Kauffman Tire in its sole discretion determines that such usage violates applicable law or the terms and conditions of the Agreement. The following is a non-exhaustive list of activities that are violations of the Agreement. There may be other activities that violate the Agreement.
Without limitation, you have breached the Agreement if you use the Site to engage in any of the following activities:
- Offensive Materials. Transmission, dissemination, sale, display, publication, uploading or downloading, storage or hosting of material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, prurient, harassing, threatening, tortuous, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or otherwise objectionable, whether or not the activity has any serious literary, artistic, political, or scientific value.
- Exploitation of Minors. Using the Site to harm, to exploit, or to compromise the health, safety, or security of minors in anyway. Such prohibited use includes, but is not limited to, displaying obscene materials to minors or obscene materials containing minors or depictions of minors or any acts prohibited by federal, state, or local law. Such prohibited use also includes, but is not limited to, giving a minor private information about one's self or others or arranging a face-to-face meeting with a minor via the Site without a parent or legal guardian's permission.
- Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, service mark, patent, trade secret, trade dress, or any other intellectual or proprietary right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, code, articles, musical works, and videos. It also constitutes infringement to resell the Site without written authorization to do so from Kauffman Tire.
- Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, unregistered sales of securities, or securities fraud), or furnishing false data on any sign-up form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Site, including without limitation use of credit card numbers.
- Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines or codes that may damage, interfere with, surreptitiously intercept or expropriate any computer software, hardware, telecommunications equipment, data or personal information.
- Interference. The following constitute prohibited interference:
- using the Site to transmit any solicited commercial e-mail or unsolicited bulk e-mail (spam) or using deliberately misleading headers in e-mails sent to multiple parties;
- using the Site to access or attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of Kauffman Tire or any other computer software, hardware, electronic communications system or telecommunications system, whether or not resulting in disruption of service or the corruption or loss of data;
- violating or not complying with any requirements, procedures, policies or regulations of any networks connect to the Site;
- using the Site to collect or attempt to collect personal information about another person without that person's knowledge or consent;
- using the Site for high volume data transfers, including in particular but without limitation sustained high volume data transfers or using the Site to host a server, including without limitation to host a web server.
VIOLATION OF ANY OF THE TERMS OF THE AGREEMENT ARE STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SITE YOU RECEIVE FROM KAUFFMAN TIRE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SITE AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SITE. AT ITS SOLE DISCRETION KAUFFMAN TIRE MAY PURSUE ITS RIGHTS UNDER THIS AGREEMENT AGAINST THOSE VIOLATING THE AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE.
E. Linking (To & From) The Site; Advertisers
1. Linked-To Sites
Kauffman Tire may provide via the Site, links to other world wide web sites or resources and/or advertisements or other such promotional materials for third-parties. Because Kauffman Tire 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 Kauffman Tire 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 Kauffman Tire 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 web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
2. Links To KauffmanTire.com From Other Sites
Unless otherwise authorized in writing by Kauffman Tire, neither you nor any other third-party is authorized to deep link to any web page contained in the Site (i.e., no links are permitted under any circumstances from third-party web sites to KauffmanTire.com web pages other than the KauffmanTire.com home page). Such links are expressly prohibited. Furthermore, without written permission from Kauffman Tire, neither you nor any third-party may link to the KauffmanTire.com home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of KauffmanTire.com and/or as to the existence or lack thereof of some affiliation or other relationship between KauffmanTire.com and the third-party and/or its web site.
G. Warranties And Limitation Of Liability
1. Kauffman Tire Warranties
NEITHER KAUFFMAN TIRE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE INFORMATION AND THE SERVICES PROVIDED VIA THIS SITE ARE DISTRIBUTED AS IS AS AVAILABLE 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. NONE OF THE INFORMATION PROVIDED VIA THIS SITE SHALL CONSTITUTE A REPRESENTATION OR WARRANTY IN RESPECT OF KAUFFMAN TIRE'S PRODUCTS OR SERVICES, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES AND MATERIAL DISPLAYED ON THE SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE. NEITHER KAUFFMAN TIRE NOR ANY OF ITS UNDERLYING 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 SITE OR PRODUCTS OR SERVICES DESCRIBED IN THE SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Limitation Of Liability
KAUFFMAN TIRE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, USE OR DESTRUCTION OF, ANY INFORMATION THAT YOU PROVIDED US THROUGH THE SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. KAUFFMAN TIRE SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF KAUFFMAN TIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF KAUFFMAN TIRE 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 ONE-HUNDRED DOLLARS ($100.00). 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.
NOTE THAT SOME JURISDICTIONS IN WHICH KAUFFMAN TIRE DOES BUSINESS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Kauffman Tire, 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 of any of your agreements hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this Agreement.
In the event that 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.).
J. Entire Agreement
This Agreement constitutes the entire agreement between you and Kauffman Tire with respect to this Site and the use of information or services provided by this Site and supersedes all previous agreements or representations, written or oral, with respect to this Site.
K. Choice Of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia.
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 Site, you submit to personal jurisdiction in Georgia in any action by Kauffman Tire against you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. In addition, you hereby waive any objections to the forum based on venue or forum non conveniens.
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.
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.
O. Kauffman Tire Intellectual Property
This Site contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of this Site are copyrighted as a collective work under the United States copyright laws. Kauffman Tire 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 Kauffman Tire and the copyright owner, if other than Kauffman Tire. 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 Site.
The trademarks and service marks on the Site, along with other logos and product and service names used on the Site, are trademarks of Kauffman Tire, Inc. or Kauffman Tire'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 manner not permitted by the applicable state and U.S. laws or as otherwise expressly allowed by these Agreement
Kauffman Tire 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.
2832 Anvil Block Rd.
Ellenwood, GA 30294
Attn: Director of Information Systems
R. Local Laws
You warrant and agree that your access to and use of the Site is in compliance with the laws governing such access, use, and related conduct in your geographic region.
Kauffman Tire may make changes to the information in this Site, or to the Products or Services described herein, at any time without notice. Kauffman Tire makes no commitment to update 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. Kauffman Tire is not a publicly-traded company.