By accessing and using the web site located at eastcoasttires.com (the “Web Site”), or otherwise availing Yourself of the services, products, and information offered by JP Thomas & Co. INC. (“dba Ready to Mount”) through the Web Site, including the purchase of any products via the Web Site, You agree to be bound by the 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 Ready to Mount 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 modifications each time you visit or use the Web Site. If You do not so agree, You are not authorized to access or use the Web Site in any manner, and You must exit the Web Site immediately by clicking on the “Exit” link at the bottom of this page.
Ready to Mount Wheel & Tire provides a wide selection of tires and wheels available for purchase via the Ready to Mount Web Site. Ready to Mount has created the Web Site as a means of providing via the Internet access to information about the various products and services offered by Ready to Mount , as well as the means for authorized purchasers to purchase certain of these products online. The features, information and services that are featured and/or may be purchased from Ready to Mount (either via the Web site or otherwise) are collectively referred to herein as the “Services.” The various Ready to Mount products that, at any given time, are featured and/or may be purchased via the Web Site are collectively referred to herein as the “Products.”
A. You Provide Internet Access
In order to access the Web Site and/or 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 device.
B. Web Site Intended For Adults
You must be eighteen years old or older to purchase any Product or Service via the Web Site.
C. Accessibility And Availability
Ready to Mount makes no guarantees regarding the availability of the Web Site, the Services, and/or the availability of any given Products referenced in the Web Site. Furthermore, Ready to Mount reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site 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 Ready to Mount will not be liable to You for any such discontinuance or modification of the Web Site or the Services. Ready to Mountreserves the right to change or modify any of the terms of service 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 Web Site . Ready to Mount may post changes or modifications to referenced policies and guidelines without Your approval. Your continued use of the Web Site and/or Services following Ready to Mount ‘s posting of any changes or modifications will constitute Your acceptance of such changes or modifications.
D. Authorized Use
Ready to Mount hereby grants You a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by these Terms Of Service. Other than page caching, You are not authorized to download or modify the Web Site or any portion of it, except with express written consent of Ready to Mount . This license does not include any resale or other commercial use of this Web Site or its contents; any commercial collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 Web Site 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 also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with these Terms of Service. This Web Site may contain materials from third parties (“Third-Party Materials”). All third-party materials contained in this Web Site 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 Ready to Mount in relation to the Web Site. Ready to Mount .com has no responsibility and disclaims all liability for what is posted on the message boards, forums and news groups; and Wwhile Ready to Mount.com may not be required to do so, it reserves the right to remove from such locations and postings which it considers objectionable, disparaging, illegal or actionable.
E. Linking (To & From) The Web Site; Advertisers
G. Prohibition Against Harmful Transmissions
You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site, any linked web site, 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.
H. Warranties And Limitation Of Liability
You agree to indemnify, defend, and hold harmless Ready to Mount , 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 or willful misconduct.
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.).
K. Entire Agreement
This Agreement constitutes the entire agreement between You and Ready to Mount with respect to the Services and Products provided and/or purchased via this Web Site and supersedes all previous agreements or representations, written or oral, with respect to the Services and Products provided and/or purchased via this Web Site.
L. 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.
M. 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 Web Site, You submit to personal jurisdiction in Georgia in any action by Ready to Mount against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
N. 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.
P. eastcoasttires.com Intellectual Property
The Web Site contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Web Site are copyrighted as a collective work under the United States copyright laws. Ready to Mount 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 Ready to Mount and the copyright owner, if other than Ready to Mount. 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 Web Site.
The trademarks and service marks on the Web Site, along with other logos and product and service names used on the Web Site, are trademarks of Ready to Mount or Ready to Mountsuppliers (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 Terms of Service.
Ready to Mount 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.
Please direct all inquiries and other communications relating to the Web Site and/or the Services to:
Ready to Mount
502 Industrial Park Ave.
Asheboro, NC 27205
Attn: Online Dept.
S. Local Laws
You warrant and agree that Your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region.
Ready to Mount may make changes to the information in this Web Site, or to the Products or Services described herein, at any time without notice. Ready to Mount 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. Ready to Mount is not a publicly-traded company.
U. Prohibited Conduct
Use of this Web Site 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 violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, Ready to Mount may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this Agreement; and/or (2) take actions that Ready to Mount believes may result in legal liability for You, for Ready to Mount , or for other Web Site users.
V. Additional Terms Applicable To Web Site Purchases