TireTutor, Inc.
Terms of Use
Last updated November 1, 2022
The tiretutor.com website (the “Website”) is owned and operated by TireTutor, Inc. (“TireTutor”, “we”, “us” or “our”). The following terms and conditions (the “Terms of Use”) constitute a binding agreement between the Website users (“you” or “your”) and TireTutor.
By using or accessing the Website and any other services offered by TireTutor (collectively, the “Services”) in any manner, you acknowledge that you accept these Terms of Use, all policies, rules, instructions, and additional terms posted on or through the Website, all of which are incorporated into this agreement.
TireTutor reserves the right, at its sole discretion, to modify these Terms of Use at any time and without prior notice. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modifications to these Terms of Use.
Services. We connect you with the best local deals on tires and services for your vehicle, compare prices, present personalized quotes, and assist you with the booking of services (collectively, the “Services”) based on the information we received from you and that we receive from the dealers in our network who sell tires, install tires and/or provide other automotive care services to you (individually, a “Dealer” and, collectively, “Dealers”).
Services We Provide. We will communicate certain information between you and a Dealer (and vice versa) to help facilitate information, including a sale of tires, provide tire installation or similar automotive services (“Dealer Services”) on our Website.
Services We Do Not Provide. TireTutor is not a tire manufacturer or Dealer, and it does not provide Dealer Services or negotiate individual transactions between you and a Dealer. Except as expressly provided on the Website, we are not a party to any transaction between you and a Dealer that occurs through the Website or that originates from information found on the Website. We do not directly sell, buy, or offer for sale, negotiate a sale in any tire or other Dealer Services listed for in our Website.
Payment Service Providers. TireTutor may use different third-party payment service providers to assist in payments, including companies that process payment, provide financing services (such as payment in installments), perform risk assessments or compliance checks, verify identity, and validate payment methods. Payment processors and financing services, or their affiliates may collect and save payment information, such as your name, address, phone number, credit card or debit card numbers, and card expiration dates, security codes, or financial and banking account numbers shared by you. You are responsible for maintaining the accuracy of payment information and you will only provide information about payment methods that you are authorized to use. Payment processors and service providers rendering financing services will maintain this information subject to their own privacy policy.
Currently, TireTutor facilitates payments to Dealers by credit card in cooperation with Stripe, Inc. and enables payment in installments through Klarna, Inc. Payment in installments option allows you to pay for your purchase in monthly installments according to the conditions specified in Klarna’s Terms and Conditions and Privacy Policy.
For further information about our collection, use and sharing of your personally identifiable information with payment service providers and financing providers, please visit TireTutor’s Privacy Policy.
Facilitation of Refunds. With certain exceptions iterated below, our Website does not support returns or cancellations of completed purchases of tires or Dealer Services. Once a sale through the Website is complete, any dispute between you and a Dealer concerning tires or Dealer’s Services sold through the Website must be addressed directly between you and the Dealer separate to and outside of the Website.
Refunds. TireTutor may offer assistance with a refund for products and Dealer Services purchased through our Website. If a refund is permitted, refunds will be issued to the original form of payment, subject to any rights of any third-party payors. To discuss with us about a possible refund for certain produtcs and Dealer Services purchased through our Website, please contact us at [email protected].
Non-Performance of Dealer Services. Dealer Services that were purchased through our Website that were not performed by a Dealer may be issued a full refund. No credits, refunds, or exchanges are available on vehicle service that have been performed on a vehicle. If a refund is permitted, refunds will be issued to the original form of payment, subject to any rights of any third-party payors.
Manufacturing Warranty Claims. The tires or other Dealer Services purchased through our Website may be covered by a warranty. You are required to consult a tire manufacturers or Dealer’s warranty. TireTutor may assist with manufacturer warranty claims for the purchase of tires from a Dealer through our Website. To discuss with us about initiating a warranty claim with a manufacturer or Dealer, please contact us at [email protected].
Limitation of Refunds.
Payments on the following products can only be refunded if they were new, unused and unmounted on a vehicle:
Products cannot be returned if any of the following apply:
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS OF USE REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE AND ALSO CONTAIN A CLASS ACTION WAIVER AS SET FORTH BELOW. YOU HEREBY AGREE THAT ALL DISPUTES ARISNIG FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION PROVISIONS SET FORTH BELOW.
TireTutor reserves the right, at its sole discretion, to modify these Terms of Use at any time and without prior notice. If we modify these Terms of Use, we will post a notification of the modification on our Website. The date of the last modification will also be posted at the beginning of the modified Terms of Use. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modifications to these Terms of Use.
We will maintain and use your personally identifiable information according to TireTutor’s Privacy Policy, which is a part of these Terms of Use.
Age Considerations. If you are 13 years old or younger, you may not use our Services or access or provide any Content (as defined below). If you are 13 years old or older, but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child who is 13 years old or older but under the age of 18, you are fully responsible for his or her use of the Services. Please refer to TireTutor’s Privacy Policy with respect to the collection, use, processing and sharing of personally identifiable information.
TireTutor hereby grants you permission to use the Services provided such use is in compliance with these Terms of Use, and you further specifically agree that you use will adhere to the following restrictions and obligations:
Representations and Warranties. In addition, as a Website user, you represent and warrant: (I) that you are not Dealer or acting in the capacity as an owner, employee or representative of a Dealer, (II) that all information submitted to TireTutor about a particular vehicle, including year, make, model, trim, vehicle identification number, number of tires to be purchased, type of tire (e.g., performance, speed rating) and other information requested on the Website by you as a User, including your contact information are accurate and truthful.
You acknowledge that we have the right to investigate and prosecute violations of these Terms of Use, including intellectual property, publicity and privacy rights infringement set forth in TireTutor’s Privacy Policy which are incorporated herein by reference and Website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terns of Use or to comply with applicable law or the order or requirement of a federal or state court, administrative agency or other governmental or regulatory body.
Intellectual Property Rights. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws. All names, logo or trademarks displayed on this Website of TireTutor, the entities that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with TireTutor, Inc. (“Affiliates”), and/or various third parties are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge that as between you and TireTutor, the Services and Content, including all associated intellectual property rights, are the exclusive property of TireTutor or their respective owners.
Conditioned upon your compliance with these Terms of Use, TireTutor grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TireTutor or third parties, except for the licenses and rights expressly granted in these Terms of Use.
You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights, privacy, or any other rights of anyone, including, TireTutor.
TireTutor is not affiliated with nor endorsed by any tire manufacturer whose name and/or logo may appear on our Website. TireTutor also does not endorse any manufacturer whose name and/or logo may appear on our Website. We will promptly remove the name and/or logo of any manufacturer on our Website upon request by contacting us at [email protected].
No Recommendations or Endorsements of Tires. A manufacturer’s name and/or logo and the types of tires that are on our Website are not endorsements or recommendations of any specific products. Any guidance we provide in connection with tires through our Website is solely informational.
TireTutor may recommend that vehicles be operated with tires that are different than the speed rating and load index (collectively referred to as “service description”) of the tires equipped with your vehicle when it was manufactured or based on the vehicle manufacturer’s specifications. You are required to review your vehicle owner’s manual, door placard, or the specifications of your vehicle’s original equipment tires to confirm and select appropriate tires for your vehicle based on the service description. If a vehicle is equipped with tires with different service descriptions, the vehicle is limited to the lowest-performing service description tire installed on the vehicle. Our Website may also allow you to search and purchase tires with a service description without specifying the vehicle for which tires will be purchased.
TIRETUTOR MAKES NO GUARANTEES, REPRESENTATIONS AND WARRANTIES ON THE SERVICE DESCRIPTION FOR TIRES FOR YOUR VEHICLE OR FOR ANY TIRES PURCHASED THROUGH OUR WEBSITE THAT ARE INSTALLED ON A VEHICLE WITH DIFFERENT SERVICE DESCRIPTIONS FROM THE TIRES SPECIFIED BY THE VEHICLE MANUFACTURER.
TireTutor may immediately and without notice terminate these Terms of Use and disable your access to the Services and/or the Website if TireTutor determines, in its sole discretion, that (a) you have materially breached the Terms of Use; (b) you have violated applicable laws, regulations or third-party rights; or (c) TireTutor believes, in good faith, that such action is needed to protect the safety or property of other users, TireTutor, or third parties.
Provisions that, by their nature, should survive termination of the Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
By using the Services, TireTutor may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that TireTutor does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. TireTutor does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. TireTutor disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against TireTutor with respect to the content or operation of any such third-party websites and services.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE” BASIS. TIRETUTOR, INC., AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. TIRETUTOR, INC., ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
TIRETUTOR MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY TIRES OR ANY OTHER AUTOMOTIVE SERVICES LISTED ON THE WEBSITE BY DEALERS. SALES OF TIRES AND OTHER AUTOMOTIVE SERVICES ARE BETWEEN YOU AND THE DEALER ONLY. WE DO NOT OWN, INSPECT, BUY, OR SELL, ANY TIRES LISTED ON OUR WEBSITE. ANY DISPUTE ABOUT THE CONDITION OF THE TIRES AND OTHER AUTOMOTIVE SERVICES IS BETWEEN YOU AND THE DEALER ONLY.
WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE TIRES OR OTHER DEALER SERVICES LISTED ON OUR SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, SAFETY, OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING TIRE MANUFACTURERS AND DEALERS AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES, INCLUDING DEATH, DISABILITY, LOSS OF LIMB, NEGLIGENCE OR INTENTIONAL OR INTENTIONAL MISCONDUCT.
WHILE TIRETUTOR MAY FACILITATE THE PURCHASE AND SALE OF TIRES AND OTHER DEALER SERVICES, TIRETUTOR FULLY DISCLAIMS ANY CONTROL, RESPONSIBILITY OR LABILITY FOR THE AVAILABILITY, EXISTENCE, QUALITY, LEGALITY OR SAFETY OF ANY TIRES OR DEALER SERVICES.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORIES OF LIABILITY INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE SHALL TIRETUTOR, INC., ITS OWNERS, SHAREHOLDERS, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF THE USE OR INABILITY TO USE OR THE RESULT OF USING THIS WEBSITE (B) ANY AMOUNT IN EXCESS OF $20 OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU AGREE TO INDEMNIFY TIRETUTOR, INC. AND ITS OWNERS, SHAREHOLDERS, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY BREACH OF THESE TERMS OF USE.
If you have a dispute with a Dealer, you release TireTutor (including our affiliates and subsidiaries, and our and each of their respective officers, directors, employees, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of these Terms of Use to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
TireTutor provides our Services and the Website and all information and materials without conditions, representations, or warranties of any kind, either expressed or implied.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be given by TireTutor by posting to the Website. If any modification is not acceptable to you, your sole and exclusive remedy and recourse is to discontinue use of the Website and the Services.
The failure of TireTutor to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without TireTutor’s prior written consent. Any attempt by you to assign or transfer these Terms of Use without such consent will be null and of no effect. TireTutor may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
These Terms of Use are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms of Use, the parties’ consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TIRETUTOR, INC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor TireTutor will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and you and TireTutor hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between you and TireTutor. No arbitration or proceeding will be combined with another without the prior written consent of you and TireTutor to all affected arbitrations or proceedings.
These Terms of Use constitute the entire agreement between you and TireTutor regarding your use of the Services and supersede all prior written or oral agreements.
If you have any questions about the Services, please do not hesitate to contact us at [email protected].