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Introduction and Agreement

These Terms of Use represent a legal agreement between you and RightTurn, LLC (together with its affiliates, herein referred to as the "Company", "RightTurn", "we", "us" or "our"). By accessing, browsing, or using this website (the "Site") you acknowledge that you have read, understand, and agree to be bound by the terms and conditions contained herein and to comply with applicable laws. And we're glad you agree. If you don't agree to be bound by these Terms of Use, don't access, browse or use this Site. Honestly though, these Terms of Use aren't bad at all. They actually help protect both you and us. This Site is operated by the Company. We know our Site is great, but your use of the Site is wholly voluntary.

These Terms of Use govern your use of this Site and all of the Sites operated by us (unless a different Terms Of Use policy is provided on a particular site, in which case such different policy shall control). We reserve the right in our sole discretion to modify, alter, or otherwise change these Terms of Use (with or without notice). We will post any changes here and any changes will become effective immediately upon being posted. We encourage you to revisit and review the Terms Of Use posted here periodically. We encourage you to do so not just because we want you to be aware of any changes, but also because the Terms of Use are so fun to read. Your continued use of this Site after the posting of any change in the Terms Of Use shall constitute your acceptance to be bound by any such changes.

You may be required to provide personally identifiable information to use and /or access certain portions of the Site. You agree that any information that you provide to us will be accurate and that you will make reasonable efforts to keep that information up to date. Please read the Privacy Policy, which you also agree to and accept by using this Site, and which is specifically incorporated into these Terms of Use and is a more enjoyable read than the Terms of Use. The Terms of Sale will govern any purchase you make through this Site. Please review the Terms of Sale, which you also agree to and accept by using this Site for purchasing any goods or services, and which is specifically incorporated into these Terms Of Use.

You may terminate this legal agreement with us at any time by providing notice in accordance with the "Contacting RightTurn" section below, closing your user account (see the "Your Account" section below), and discontinuing any use of the Site. We may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms of Use; (b) if we are required to do so by law; or (c) if we no longer make the Site available for any reason or for no reason.

General Usage of the Site:

This should all go without saying and probably does for most people. In fact, most of this falls into the "everything I need to know, I learned in kindergarten" category, but just to be sure, we are going to spell it all out.

You agree that you will:

  • only use the Site as permitted by these Terms Of Use and as permitted by law;
  • not access, or attempt to access, restricted or registration-required portions of the Site by any means other than the interface provided by us;
  • use the Site to threaten, harass, intimidate, stalk, or otherwise abuse another user;
  • not transmit, post, send, upload, distribute, submit, or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of us), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
  • not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
  • not interfere with or disrupt the use and enjoyment of the Site by us or any third party;
  • not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with the Company's or any third party's use and enjoyment of the Site and any other software, hardware and data;
  • not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
  • not transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
  • not resell, frame, duplicate, reproduce or otherwise commercially exploit the Site without the prior written agreement of the Company;
  • not remove, obscure or alter any proprietary rights notices on the Site or any material obtained from or through the Site; and
  • not violate any applicable local, state, federal or international law, rule or regulation.

Without limiting the foregoing, and except as may be expressly permitted by these Terms Of Use or by the Company or as may be a result of standard search engine or internet browser usage, you will not use any robot, spider, rover scraper, or any other data mining or aggregating technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the websites or any content of the websites.

We will determine your compliance with these Terms Of Use in our sole discretion and our decision shall be final and binding. Any violation of these Terms Of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.

Interactive Areas

We may make user forums, bulletin boards, blog comment areas, testimonials, reviews and other interactive areas available to users of the Site. As a user, you may express your opinions and share information in these interactive areas. While we do not currently limit the number of postings you may make, we may, in our sole discretion, limit the size and number of postings and transmissions that you make using the Site. In short, we want to give everyone a fair chance to speak his or her mind. Your conduct in the interactive areas of the Site is subject to all of the Terms Of Use, including, without limitation, the "General Usage of the RightTurn Websites" section above and the "Ownership of Content and License of Your Submissions and Postings" section below. Think of it this way: if you wouldn't say or do it in front of your grandma, please don't say or do it on our Site. Most of the interactive areas of the Site require registration and a valid user account. You acknowledge and agree that we may disable access to your account for any violation of these Terms of Use, which may prevent you from accessing areas of the Site. Basically, if you said it or did it, and grandma wouldn't like it, we're allowed to ground you, - in a cyber sort of way, that is.

You acknowledge and agree that the Company is not responsible for the conduct of users in the interactive areas of the Site. The Company specifically disclaims any responsibility or liability to any person or entity for any loss, liability, claims, suits, costs, expenses, damages (whether actual, consequential, punitive or otherwise), injury, or other cause of any kind based upon or resulting from any material or content posted in the interactive areas of the Site. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use the Site at your own risk.

Likewise, we do not and cannot review every message posted by users in the interactive areas of the Site, and we are not responsible for the content of such messages or the views or opinions expressed by the author of any message. We'll do our best to deal with troublemakers, but we can't monitor all the interactive areas of the Site at all times. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. You understand that any content that you post and/or upload on the Site will be considered a submission for purposes of these services. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of us or to protect the safety of our users or the public.

Your Account

In order to use certain interactive areas of the Site, you will need to create a user account. You may access your account information and update your account at any time as described in our Privacy Policy. You agree that you are solely responsible for your user account and any use of your login and password. If you become aware of any compromise of your account information or any unauthorized activity under your user account, you agree to notify us immediately as set forth in the "Contacting RightTurn" section below. We reserve the right to terminate a user account and/or deny access to the Site to any person in our sole discretion for any reason or no reason at all.

Promotions

This Site may contain or offer rebates, contests or other promotions, which may be governed by separate rules that describe the rebates, contests or promotions and may have specific eligibility requirements, such as age or geographic area restrictions or date of purchase and installation of the goods and services. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contests, or promotions.

Ownership of Content

The Site and all of the content on the Site (as updated from time to time), including, without limitation, any trademarks, logos, domain names, trade names, service marks, wallpaper, artwork, images, graphics, music, text, software, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned and/or licensed by us and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Except for the limited license granted in the following paragraph, nothing contained in these Terms Of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You are advised that we will enforce our rights to the fullest extent of the law.  We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. If you like our Site so much that you want to use pieces and parts of it, or use your creativity to make our Site better, apply for a job here (we are always looking for good people), otherwise enjoy our Materials on the Site and leave them be. This Site operated by the Company and the Company is not endorsed by, sponsored by or affiliated with the tire and automobile original equipment manufacturers whose images, logos appear on, or whose goods are sold on the Site.

NOTICE: Without limiting the generality of the foregoing, the automotive images or video contained herein are owned by EVOX Productions LLC ("EVOX") and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained herein, each of which have independent economic value. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this misappropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.

License of Your Submissions and Postings

By posting any materials to the interactive portions of the Site, you represent and warrant that those materials are your original works and do not infringe upon, misappropriate, or otherwise violate any rights of any third parties, including, without limitation, any intellectual property rights, any other proprietary rights, or any rights of publicity or privacy. You agree to execute any documents and take all steps that we determine is necessary to give effect to the intentions of these Terms Of Use. You agree and understand that the Company is not obligated to use or post any materials you make available to the Company through the Site or otherwise and you have no right to compel such use. You further agree that you are solely responsible for any materials that you post or submit to the Site and for the consequences of your actions by making such post or submission (including, without limitation, any damage suffered by us).

If you post any materials to the interactive portions of the Site (e.g., user forums, testimonials, blog comment posts, etc.) or submit any materials to us, you hereby irrevocably grant to the Company a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers, translate, create derivative works of, and/or distribute all such materials and portions of any materials that you submit to us or post to the Site (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information. Without limiting the foregoing, without remuneration of any kind, we may use any material that you submit locally, nationally, or globally and such use may be made in any media, information, or communication platform (including internet advertising currently in use), whether now existing or later developed. So if you aren't okay with us using it, don't post it to our Site.

By submitting a testimonial or product review, you acknowledge and agree that you are solely responsible for the accuracy and content of the submission and you represent and warrant that the testimonial or review is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial are hereby waived. Further, you agree that your personal information submitted in connection with the testimonial is subject to the Privacy Policy. By submitting a testimonial or product review, you further acknowledge that you will receive no compensation from the Company or any other entity other than any goodwill and publicity that you may receive relating to the publication, distribution or other use of the testimonial or product review you submit. We appreciate your reviews and testimonials. We even hope that you get famous from them, but we're not going to pay or compensate you in any way.

You hereby acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to the Company or to post any such information on the Site does not place the Company in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. Further, by submitting any material to the Company by way of the Site, you also hereby release and discharge the Company, its affiliates and subsidiaries and their respective employees, agents, successors, licensees and assigns from any and all claims that you might have in connection with the Company's use, publication, display, reproduction, distribution or exploitation of the submitted testimonial or product review, including, but not limited to, any claims for defamation; violation of any moral or artist rights (even if such material is altered or changed in a manner not agreeable to you); and/or any right of privacy or publicity.

Linking

The content of this Site is subject to change at any time without notice. By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. The appearance of any link on the Site in no way constitutes an endorsement by the Company of any third-party products or services.

You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, but assume no obligation to terminate a link with any website for any reason or no reason at all, including without limitation any website that we deem to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms Of Use.

Disclaimer and Limitations on Liability

You understand and agree that the Site and all material contained or made available on them (including, without limitation, all user posts) are provided and made available solely "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

You agree that the Company and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the "Released Parties"), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Site, the user forums made available by the Company, and any other interactive features on the Site, the material posted and made available on the Site, or any errors or omissions in the technical operation of the Site and any materials posted or made available on the Site, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to, the Site or any related information or programs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

By accessing the Site subject to these Terms Of Use, I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows (or similarly): "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Got it? Good.

The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by the Company. Views and opinions of users (including the weblogs of our employees) on the Site do not necessarily state or reflect those of the Company.

Despite our efforts, the fact is the Internet is inherently insecure. The Company expressly disclaims any and all liability, and you agree that the Company will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing the Company any information. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason. And one more thing totally unrelated to our Site, beware of those money scams that sometimes appear in your email. Whoever that "wealthy" guy supposedly is, he's not going to give you a bunch of his money if you just wire him some of your money.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or in any way related to your use of the Site or any materials downloaded, obtained, used or otherwise accessed or acquired through the Site: (i) in breach of these Terms Of Use or in violation of any law or regulation; (ii) that attempts, commits or results in any actual or alleged infringement, misappropriation or violation of any third party's rights; or (iii) in breach of any agreement between you and any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of the Company. This indemnification section will survive any termination or expiration of these Terms Of Use.

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act, the Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. The Copyright Agent may be reached at copyright@rightturn.com or by mailing RightTurn, LLC, 3711 Chester Avenue, Cleveland, Ohio 44114, U.S.A. Attention: Copyright Agent.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide the Copyright Agent the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Location

The Company operates its websites in the United States. Information contained on the Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of Site may be illegal is prohibited. If you access Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms Of Use shall be construed and enforced in accordance with the laws of the State of Ohio and the United States of America, without regard to their respective conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms Of Use and/or your use of the Site must be filed exclusively in the federal courts located in the County of Cuyahoga, State of Ohio, United States of America.

Contacting RightTurn

Any questions or concerns regarding these Terms Of Use should be directed to: copyright@rightturn.com or by mailing RightTurn, LLC, 3711 Chester Avenue, Cleveland, Ohio 44114, U.S.A. Attention: Copyright Agent.

English Language

For users residing in Quebec, France and other francophone jurisdictions: You and the Company have expressly requested that the Terms Of Use and all documents and notices be drafted in the English language. Toi et RightTurn ont demandé expressément qua la présente entente et tous les document et avis connexes soient rédigés en anglais.

General Terms

The Company's failure to exercise, or delay in exercising, any of its rights under these Terms Of Use will not constitute or be deemed a waiver or forfeiture of those rights.

These Terms Of Use (including the Privacy Policy and Terms and Conditions of Sale incorporated by reference herein) represent the entire agreement between you and the Company concerning your use of the Site and any purchase made hereunder and such terms supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as stated in these Terms Of Use or by a subsequent agreement in writing by you and an officer of the Company.

Thank you and happy tire shopping,
The RightTurn Team