PERFORMA TIRES INC. WEBSITE TERMS OF USE

First Posted: May 6, 2014
Last Updated: May 6, 2014

WELCOME:

Thank you for coming online to visit the performatires.com website (the "Site"). Please read carefully these Terms of Use before using this Site and any online services available through the Site. This Site is owned and operated by the Ontario limited liability corporation Perform Tires Inc. (“Performa Tires” or “We” or “Our”) based in Toronto, Ontario, Canada. By using this Site you agree to be bound by these Terms of Use and Our Privacy Policy which is incorporated by reference and available here Privacy Policies. If you do not accept these Terms of Use or the provisions of the Privacy Policy, please do not use this Site in any way. We may revise these Terms of Use and the Privacy Policy at any time and without notice to you and in our sole discretion so please check this page periodically for any updates. Any modifications will be effective immediately upon posting and you waive any right to receive specific notification of such changes. Your continued use of this Site and Our services will confirm your acceptance of any amended Terms of Use and any amended Privacy Policy.

INTENDED AUDIENCE AND USE – CANADIAN SITE ONLY:

Performa Tires provides this Site for two types of lawful users; - namely, 1) its tire dealers and 2) members of the general public who are over the age of majority in the jurisdiction in which they reside and also residents of Canada who are interested in Performa Tires. Performa Tires makes no representation that the materials and products contained or displayed on this Site are appropriate or available for use in other geographical locations and countries other than Canada. Those who access the Site from other locations do so at their own risk and are solely responsible for compliance with applicable local laws.

CONSUMER USE OF SITE AND CONTENT:

This site is intended to raise awareness and provide basic information about Performa Tires to those members of the Canadian public who are looking to purchase new tires for their vehicles. It is intended to provide basic and general information only, subject to change at any time and variances region to region, and no information provided is intended as a guarantee of tire compatibility or performance. Information may at times not be current or up to date. This Site also provides the consumer with the ability to locate a tire dealer near them who sells Performa Tires by entering their post code Find Dealer.

Tire types and usage recommendations may be affected by factors such as geographic locale, vehicle make, model, age and condition; we strongly recommend that you consult an authorized tire dealer or representative before making any tire purchasing decisions for your vehicle so you buy the most appropriate tires for your vehicle under the circumstances.

DEALER USE OF SITE AND CONTENT:

Mandatory Registration: If you are a tire Dealer and wish to order Performa Tired products online through the Site, you must first register online for an account. When you open an account, we will ask you for contact information such as, for instance, your business name, your personal name, business mailing address, phone number, email address, and website. The information that you provide at the time of account opening must be accurate and complete, and you must inform us in a timely fashion of any changes to such information and you warrant to us that you have authority to bind your business in dealings with us. We may require additional information about you (including any person signing or otherwise agreeing to the Terms on behalf of the dealership) such as, for instance, your date of birth, tax identification number or government-issued identification, and we may also obtain information about you and the business from third parties, such as credit bureaus and identity verification services. We have the right to reject your account registration, or to later close your account, if you do not provide us with accurate, complete and satisfactory information or you fail to pay your account as it comes due.

Guarding your Password: You will choose a password when registering your dealership business. You are solely responsible for maintaining the strength and confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s password at any time. For information on selecting strong passwords, [insert hyperlink].

Terms of Sale: You will be asked to agree to our standard form terms of sale prior to entering into any online purchases of Product through the Site.

OUR INTELLECTUAL PROPERTY – SITE USE:

Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Site (collectively, the "Content") contained in this Site are proprietary to Perform Tires, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws. If consumers intend to use any of the materials on this Site for other than private, non-commercial purposes, you must first obtain written permission from Performa Tires.

Consumers are authorized to use this Site for personal, non-commercial uses, including displaying, downloading and printing and electronic copying of materials. No rights or licenses to the material or any portion are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Site Content without Our prior written permission.

Registered Dealers are authorized to use this Site for their own commercial purposes, including displaying materials for viewing by customers, downloading and the printing of materials. No rights or licenses to the material or any portion are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Site Content without Our prior written permission.

USER CODE CONDUCT:

As a condition of your continued access to and use of this Site, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the "Code of Conduct" set forth below. Specifically, in addition, without limiting the following list, you agree not to:

a) upload, post, e-mail or otherwise transmit any material that:

i) constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Site, including e-mail addresses, without the express consent of such users;

c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;

d) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means;

e) interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks; and

f) use, download or otherwise copy, or provide to any person or entity any Site users directory or other user or usage information or any portion thereof other than in the context of your use of the Site.

LINKING FROM PERFORMATIRES.COM TO OUTSIDE SITES:

It is our goal to provide increased value and resource links to you, Our Site visitors. Therefore, this Site may provide links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Performa Tires and that Performa Tires has no control over the content of such websites. Consequently, Performa tires cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such third party websites. The links which We might place on Our Site do not imply that We sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

DISCLAIMERS OF WARRANTIES:

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR AND WE ASSUME NO LIABILITY FOR ERRORS, MISTAKES, OR MISTAKES IN THE CONTENT OR PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PERFORMA TIRES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PERFORMA TIRES DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR the that QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR PURSUANT TO YOUR USE OF THIS SITE WILL MEET YOUR EXPECTATIONS.

The information about tires provided on this Site is of a general nature and is not intended as advice of any kind. Tire types and usage recommendations may be affected by factors such as geographic locale (varying region to region), vehicle make, model, age and condition, as well as personal driving habits and care maintenance. We strongly recommend that you consult an authorized tire Dealer or representative before making any tire purchasing decisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PERFORMA TIRES INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY FAILURE TO KEEP THE CONTENTS UP TO DATE OR FOR ERRORS OR OMISSIONS CONTAINED ON THIS TIE OR IN ANY LINK OR THIRD PARTY SITE OR FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES), WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS WEBSITE (INCLUDING ALL CONTENTS), ANY LINK OR ANY THIRD PARTY SITE, WHETHER UNDER CONTRACT, IN TORT OR UNDER ANY OTHER BASIS OF LIABILITY, EVEN IF PERFORMA TIRES INC. IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY:

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PERFORM TIRES INC., ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, FINES, PENALTIES, COSTS AND LIABILITIES (INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES), RESULTING FROM YOUR (OR ANYONE ACTING UNDER YOUR PASSWORD OR USERNAME) USE OF THIS WEBSITE, CONNECTION TO THIS WEBSITE, OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT. IN PARTICULAR, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PERFORMA TIRES INC., ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, AND LICENSORS FOR ANY INJURY, INCLUDING BUT NOT LIMITED TO BODILY HARM OR DEATH, TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM THE USE OF OR RELIANCE ON ANY CONTENT SET OUT IN THIS WEBSITE. PERFORMA TIRES RECOMMENDS THAT USERS EXERCISE THEIR OWN SKILL AND CARE WITH RESPECT TO THE USE OF ANY CONTENT AND SHOULD OBTAIN ANY EXPERT ADVICE THEY CONSIDER NECESSARY BEFORE MAKING ANY NEW TIRE PURCHASES. ALWAYS READ AND FOLLOW THE PRODUCT LABEL AND ANY USER INSTRUCTIONS FOR PRODUCTS PURCHASED.

OUR COMMITMENT TO PRIVACY:

Perform Tires is committed to protecting the privacy of your personally identifiable information. Our Privacy Policy applies to all information submitted by individuals and businesses, including information submitted on this Site. Click here to view Our [Privacy Policy]. Please note we may revise Our Policy from time to time.

APPLICABLE LAWS:

Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada, without resort to the conflict of law provisions, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario, CANADA.

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that you and your business will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

EFFECTIVENESS:

These Terms of Use are effective when posted.

First Posted: 6TH May 2014  Last Updated: 6th May 2014

Copyright 2014 © Performa Tires Inc. All Rights Reserved. For Canadian Customers only.| "Performa Tires and "Performa‚" are currently, unregistered trademarks of Performa Tires Inc., Registration Pending.

2220 Midland Ave, Unit 110-112BR Scarborough ON, M1P3E6. E-mail us: info@performatires.com

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