Your Acceptance of these Terms of Use

Thank you for visiting the tirebarn.com website (the "Site") of Everybody's Oil Corporation d/b/a Tire Barn ("Tire Barn"). By using the Site, you agree to comply with and be bound by all terms, conditions and notices contained or referenced in these Terms of Use and the Privacy Policy, which we also urge you to read. If you do not agree to these Terms of Use, you are prohibited from using the Site. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with these Terms of Use and the Privacy Policy, govern your use of those areas.

Copyrights

You acknowledge that all materials, information, images, products and services (the "Content") available on this Site, including the selection, coordination, arrangement and enhancement of such Content, as well as Content original to it, are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how or other proprietary rights and laws. In many cases, Tire Barn owns the Content. In other cases, Tire Barn has obtained permission from the licensor of the intellectual property to use the Content on this Site. Tire Barn and its licensors retain exclusive ownership and/or rights over all Content viewed or accessed on the Site. You may only use the Site or its Content as expressly permitted in these Terms of Use and for no other purpose.

Trademarks

Unless otherwise indicated, all logos, names, trade dress and marks on the Site or in the Content are trademarks or service marks of Tire Barn or used under license by Tire Barn. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.

A Limited Right to Use

You agree to use the Site and its Content for lawful purposes and only as expressly permitted in these Terms of Use. Except where otherwise noted, Tire Barn grants you a limited, nonexclusive license to view, download or print individual pages, graphics, forms, documents and other Content from the Site solely for your own personal, noncommercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works or any other exploitation of the Site's Content, in whole or in part. You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Tire Barn's prior, written authorization. We post copyright, legal and other proprietary notices on the Site's webpages. The notices or credits must remain intact and must not be removed. Tire Barn may revoke this license at any time.

Communications

Any communications or material of any kind that you e-mail, post or otherwise transmit through the Site, including all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Your Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Tire Barn to reproduce, disclose, transmit, publish, broadcast or post Your Communications either on the Site or elsewhere with no liability or obligation to you. Tire Barn and its affiliates, licensors and agents are free to use any ideas, concepts, know-how or techniques contained in Your Communications for any purpose including without limitation developing and marketing products using such information.

You agree that Your Communications: (a) will not be fraudulent; (b) will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights; (c) will not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti discrimination or false advertising); (d) will not be defamatory, trade libelous, threatening or harassing; (e) will not contain any viruses, "Trojan horses", worms, time bombs, cancelbots or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and (f) will not otherwise violate these Terms of Use.

Tire Barn generally does not pre-screen, monitor, or edit communications transmitted by users or third parties. However, Tire Barn and its agents have the right, at their sole discretion, to remove Your Communications from the Site. Tire Barn is not responsible for any failure or delay in removing such communications.

Links to Third Party Sites

The Site may contain links to websites operated by third parties ("Third Party Sites") that are not under Tire Barn's influence or control. As such, Tire Barn is not responsible for the content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site or any product or service offered through the Third Party Site.

Tire Barn makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links or any content from any website from which you may access this Site. These Terms of Use and the Privacy Policy are only applicable to this Site and do not apply to linked Third Party Sites. Please review the linked Third Party Site's terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

Links to the Site

Tire Barn has no objection to links made from Third Party Sites to the Site, provided that such links may only be to the homepage of the Site. You also agree to comply with the following requirements: you may not frame or alter the appearance of the Site; you may not state or imply that Tire Barn endorses, sponsors or otherwise approves of your Third Party Site or any other website; you may not use any Tire Barn trademarks or logos without the prior written consent of Tire Barn; and you must abide by all other Terms of Use set forth herein.

Disclaimer of Warranties

all content included in or available through the Site is provided "as is" and "as available," and you use this Site and any content you choose to download at your sole risk. The content is provided without warranties of any kind, either expressly or by implication, including WITHOUT LIMITATION warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise. Neither Tire Barn nor its employees, officers, trustees, members, agents, consultants, contractors or licensors make any warranty that the content of the Site is accurate, complete, reliable or correct; that the Site, or any linked Third Party Site, will be available at any particular time or location; that any defects or errors will be corrected; OR that the content is free of viruses or other harmful components.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT shall Tire Barn or its employees, officers, trustees, members, agents, consultants, contractors or licensors be liable to you or any third party for any damages of any kind, including without limitation punitive, exemplary, special, incidental, direct, indirect or consequential damages, INCLUDING without limitation DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES described therein, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR products or SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnification

You agree to defend, indemnify and hold Tire Barn and its employees, officers, trustees, members, agents, consultants, contractors and licensors harmless from and against any and all liabilities, claims and expenses, including without limitation attorney fees, that arise from your use of the Site or its Content, including without limitation your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

Termination of Service

You agree that Tire Barn, in its sole discretion, may terminate your use of the Site, and remove and discard any Content within the Site, for any reason, including without limitation for lack of use or if Tire Barn believes that you have violated or acted inconsistently with these Terms of Use. Tire Barn reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. Tire Barn may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database or Content, without prior notice or liability.

International Use

All materials on this Site are provided solely for the purpose of promoting Tire Barn's operations and products in the United States and its territories. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Tire Barn makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

Choice of Law and Remedies

The Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Tire Barn with respect to the Terms of Use, the Privacy Policy or the Site, you agree that Tire Barn will be entitled to recover its costs and expenses (including without limitation attorney fees) in addition to any other remedy available at law, in equity or otherwise, if Tire Barn is successful in the prosecution or defense of such claim or action.

Entire Agreement

These Terms of Use and the Privacy Policy, along with other terms and conditions governing use of specific areas of the Site, constitute the entire agreement between you and Tire Barn with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in the Terms of Use are for convenience only and shall not be given any legal import. No waiver of any provision of these Terms of Use may be implied from any failure by Tire Barn to assert its rights under these Terms of Use on any occasion or series of occasions.

Changes to the Terms of Use

Tire Barn reserves the right to change the Terms of Use from time to time. We urge you to review the Terms of Use from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Terms of Use will become effective immediately upon being posted on the Site, unless otherwise indicated.

Contact Us

We welcome your comments, questions or concerns. You may contact us through our Customer Feedback Form.