TERMS OF USE

PLEASE READ CAREFULLY. These Terms of Use ("Terms of Use") set forth the legally binding terms for your use of Achilles Tire, Inc. ("Achilles") websites and mobile applications and the services contained therein (individually and collectively, the "Services"). By using any of the Services you agree to be bound by these Terms of Use. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully and save it. If you do not agree with it, you should immediately discontinue use of the Services.

In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.

 

Eligibility

The Services are not available to individuals under 18 years old. You represent and warrant that you are of legal age to form a binding contract. Achilles may, in its sole discretion, refuse to offer any or all of the Services to any person or entity and/or change its eligibility criteria at any time without notice. You may not use the Services if Achilles has previously banned you from using the Services and/or closed your account.

 

Services

The Services may be modified, updated, interrupted, suspended, or discontinued at any time by Achilles without notice or liability.

 

Content

All Content (as defined below), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Achilles cannot guarantee the authenticity and/or accuracy of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage, loss, or harm to you or any other party resulting therefrom. The term "Content" includes, without limitation, any location information, videos, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Achilles on or through the Services.

 

Third Party Websites and Content

The Services may contain (or you may be sent through the Services) links to other websites, applications, or services ("Third Party Sites") and/or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Achilles, and Achilles is not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Sites or Third Party Content. If you decide to leave the Services and access Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You acknowledge and agree that Achilles shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Site or Third Party Content.

 

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you are a copyright owner and you believe your copyrighted material has been used in any way that constitutes copyright infringement, please contact us directly.

 

Privacy Policy

Use of the Services and the information provided is governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

 

Modification

Achilles may modify these Terms of Use from time to time and such modification shall be effective upon posting on Achilles's website (www.Achillestire.com). You agree to be bound to any modification to these Terms of Use when you use any of the Services after such modification is posted. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any modifications.

 

DISCLAIMER

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND ACHILLES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. ACHILLES MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. ACHILLES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. ACHILLES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL ACHILLES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE.

 

LIMITATION OF LIABILITY

ALL LIABILITY OF ACHILLES, ITS DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ACHILLES, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACHILLES, NOR ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ACHILLES, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICES OR CONTENT FOR:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

 

Governing Law

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Los Angeles County, California.

 

Indemnity

You agree to defend, indemnify, and hold harmless Achilles, its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and affiliated entities, or their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorney’s fees and litigation expenses) relating to or arising from: the Services; your use of the Services; your User Content; your fraud, violation of law, or willful misconduct; and any breach by you of these Terms of Use.

 

Miscellaneous

These Terms of Use and the agreements, policies and terms to which it refers constitute the entire agreement between you and Achilles regarding the use of the Services. The failure of Achilles to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

 

If you have any questions about these Terms of Use, please contact Achilles at:

Achilles Tires Inc.
25050 Ave Kearny, Suite 115
Santa Clarita, CA 91355

 

 

Effective Date: December 1, 2014