Acceptance of Terms
By accessing and using the services provided by Tire Cloud Inc., you accept and agree to abide by these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree with these Terms, you should not access or use our services.
Use of Service
Our services are designed for use by businesses in the tire and rim industry. By using our services, you affirm that you are a business engaged in the buying or selling of tires and rims and not a consumer. We may request proof of business registration to verify eligibility.
Registration and Account
To access certain features of our services, you must register for an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. You may not share your account or maintain multiple accounts without our written approval.
User Content
By uploading content to our services, including tire sales listings, you grant us a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, modify, and distribute your content as necessary to provide our services. You affirm that you have all necessary rights and permissions to upload and use this content. We do not claim ownership over your content, but this license continues even if you stop using our services.
Intellectual Property
All content, design, graphics, compilation, digital conversion, and other matters related to our website and services are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, or publication of any part of our website or services, without our express written consent, is strictly prohibited.
User Conduct
You agree to use our services for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of our services. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our services.
Payment Terms & Automatic Renewals
If you subscribe to our paid services, you agree to pay the specified fees and any taxes. Failure to pay these fees may result in the termination of your subscription. Unless otherwise stated, all fees are in U.S. dollars. All payments for our services are non-refundable unless required by law. If you believe there is an error in billing, you must contact us within 30 days of the charge. Automatic renewals will occur at the end of each subscription period unless you cancel before the renewal date. Cancellation requests must be made through your account settings or by contacting support.
Privacy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Service Level Agreement (SLA)
While we make every effort to ensure our services are available and operational at all times, we do not guarantee uninterrupted access. Our services are provided on a “best effort” basis. Tire Cloud is not responsible for any unavailability, downtime, or service interruptions.
Termination
We reserve the right to terminate your access to our services at any time, with or without cause, and with or without notice. Common grounds for termination include, but are not limited to, non-payment, fraudulent activity, violation of these Terms, or any action that may harm Tire Cloud or its users. Upon termination, all rights granted to you under these Terms will also be terminated.
Modifications to Services and Terms
We reserve the right to modify our services and these Terms at any time. This includes adding, modifying, or discontinuing features. Any modifications to the Terms will be effective when posted on our website. It is your responsibility to review these Terms regularly for updates. Continued use of the service following any changes constitutes acceptance of those changes.
Disclaimer
Our services are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
In no event shall Tire Cloud, its affiliates, or their service providers be liable for any indirect, incidental, or consequential damages arising out of your use of our services. Our total liability for any claim related to your use of our services shall not exceed the amount you paid to Tire Cloud in the past 12 months.
Indemnification
You agree to indemnify and hold harmless Tire Cloud and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.
Accessibility and Website Limitations
Tire Cloud does not warrant or guarantee that the Site and/or Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. Despite our efforts to ensure accessibility of this website, there may be some limitations, such as certain pages being inaccessible or technological solutions not yet being available. Please contact us with any complaints, and we will make every effort to address them.
In no event shall Tire Cloud be liable for any damages, including but not limited to:
- Loss of use or access to the website;
- Loss of profits or business opportunities;
- Special, incidental, consequential, or punitive damages arising from or related to any alleged non-compliance with accessibility-related laws or regulations.
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from or related to:
- Any alleged failure to comply with accessibility-related laws;
- Any claims related to website accessibility;
- Any other matter arising from or related to these Terms of Service.
Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our services will be governed by the laws of Ontario and applicable federal laws of Canada. Disputes will be resolved in the courts of Ontario, unless otherwise required by applicable law. Before initiating legal action, both parties agree to attempt to resolve disputes through good-faith negotiation or mediation.
Third-Party Links or Services
Our services may include links to third-party websites or services. We are not responsible for these third-party services and do not endorse them. If you access any of these third-party services, you do so at your own risk.
Contact Information
If you have any questions about these Terms, please contact us via email.
Effective Date: September 14, 2024
