Terms of Use | TireTutor.com

TireTutor, Inc.

Terms of Use

Last updated April 26, 2021

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.

NATURE OF SERVICES

Our Services. We connect you with the best local deals on tires and services for your car, compare prices, present personalized quotes, and assist you with the booking of Services based on the information we received from you and that we receive from the tire dealers in our network who sell tires, install tires and/or provide other automotive care services to you (individually, a “Dealer” and, collectively, “Dealers”). We will communicate certain information between you and a Dealer (and vice versa) to help facilitate information, including a sale of a Dealer’s services on our Website. TireTutor is not a tire manufacturer or Dealer, and it does not sell tires, provide tire installation or similar automotive services (“Dealer Services”) or negotiate individual transactions. Except as expressly provided in 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 listed for in our Website.
Information on the Website.While TireTutor may help facilitate various aspects of a private transaction between you and a Dealer, it has no control over and does not guarantee; the existence, quality, or safety of tires and other Dealer Services advertised to be offered by a Dealer. The pricing and all types of information relating to tires and automotive services provided by Dealers on the Website are supplied by the Dealers or other third parties, such as advertising partners, including tire manufacturers. As we exercise no control over the pricing information provided by the Dealers or other third parties, we are not responsible for any changes in the pricing of Dealer Services and make no guarantees as to the availability of such pricing at a later time when you decide to use any of the Dealer’s Services or third parties’ services. Prices listed on the Website may not include installation costs, disposal of tires fees, and additional fees, such as government fees and taxes, title and registration fees and any extended warranties offered by tire manufacturers or a Dealer. You are directed to contact the Dealer if you have any questions about the pricing for Dealer’s Services. We are not responsible for the completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise of any information included in the Website based on information provided by Dealers. Any guidance we provide in connection with tires through the Website, is solely informational and you may decide to follow it or not.
Online Price Guarantee. The price quotes listed by TireTutor are only applicable to appointments booked through the Website. If you receive a price quote from the Website but do not book an appointment through the Website, the same prices may not be available at the Dealer’s location.
Disputes. Our Website does not support returns or cancellations of completed sales. Once a sale through the Website is complete, any dispute between you and a Dealer concerning the tires and other automotive services sold through the Website must be addressed directly between you and the Dealer separate to and outside of the Website.

PAYMENTS

Facilitation of Payments. TireTutor may manage or facilitate the receipt of payments from you on behalf of Dealers. To that end, TireTutor uses third-party service providers to obtain online payment processing, financing, and other related services. For tires and other Dealer Services offered for sale on the Website, you can make payments using certain payment methods that TireTutor may in its sole discretion make available, and TireTutor may manage settlement of the payment to Dealers. The contract for sale underlying the tire and other Dealer Services purchased is directly concluded between you and the Dealer. You agree not to reverse, stop, or otherwise interfere with the processing of a managed payment once it is initiated via the Website. To the extent TireTutor processes any sales transactions, it may collect a fee associated with such sales between you and the Dealer.
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.
Acceptance of Payments. By completing purchases from dealers, you authorize TireTutor and any third-party payment processing service providers to initiate payments using your selected payment method and collect the transaction amounts on behalf of dealers. You agree and understand that TireTutor has been appointed as an agent of dealers for the limited purpose of accepting such payments on behalf of dealers. Accordingly, payments received by TireTutor from you satisfy your obligations to pay dealers in the amount of payments received. TireTutor does not directly provide credit and/or lending arrangements. Any credit and/or financing options, such as the option to make payments in installments, are offered by third party service providers. TireTutor has no control or responsibility over such arrangements through one or more unaffiliated third-party providers.
Compliance with Applicable Laws and Terms. You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with the payments made through the Website. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you or other actions taken by such third parties, and you agree that TireTutor has no control over, or responsibility or liability for, such fees or actions.

NOTIFICATION OF WAIVERS

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.

MODIFICATION

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.

PRIVACY POLICY

We will maintain and use your personally identifiable information according to TireTutor’s Privacy Policy, which is a part of these Terms of Use.

ELIGIBILITY

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.
Authority to Agree to Terms of Use. If you use the Services on behalf of a company, partnership, association, or other entity, you hereby represent and warrant that you have the capacity to enter into these Terms of Use on behalf of the entity and the entity has agreed to bind the entity to these Terms of Use.

ACCEPTABLE USE

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:

Personal and Internal Business Use.You may only use the Services for personal use or for internal business use within your company or other entity.
Lawful Use. You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
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.
Prohibition of Interference. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
Scraping. Except as authorized through the Services or as permitted through TireTutor’s “robot.txt” file, you may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the Website content using a bot or other tool.
Reverse Engineering. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
Spam and Solicitation Prohibitions. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
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 else, including, TireTutor.
Use of Interactive Areas. TireTutor wants your comments to be expressed. The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of tires and related services or other content, messages, materials, or other items on the Website (“Interactive Areas”). If TireTutor provides such Interactive Areas, you are solely responsible for your lawful use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. Further, TireTutor reserves the right (but has no obligation) to remove, block, edit, move, or disable user content that is objectionable to us for any reason. All user content you upload to the Website is deemed nonconfidential.
Product or Service Reviews. All product or service reviews published on the Website are made independently from TireTutor. They do not constitute endorsement, approval or adoption of any view or position by TireTutor. TireTutor does not guarantee the accuracy, completeness, efficacy, timeliness of any product or service reviews. Reference to any specific commercial product, process, service, trademark, service mark or manufacturer does not constitute or imply endorsement, recommendation, favoring or disfavoring by TireTutor. TireTutor (including its employees and agents) assumes no responsibility for consequences resulting from the use of the information on the Website and expressly disclaims all liability for, damages of any kind arising out of the publication, use, reference to, or reliance on such information.
Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You agree that TireTutor has the right, but not the obligation, to use such Feedback and your contributions to Interactive Areas without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services based on your Feedback.
Digital Millennium Copyright Act Compliance. TireTutor complies with the material provisions of the Digital Millennium Copyright Act applicable to internet service providers. If you have any complaints or objections to material posted on this Website, or if you believe that material posted on this Website infringes a copyright that you hold, you may contact us at [email protected].

TERMINATION

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.

THIRD PARTY CONTENT

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.

DISCLAIMER OF WARRANTIES

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.

Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws, to the extent applicable to the Services.

LIMITATION OF LIABILITY

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.

RELEASE

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.

NOTICES

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.

NO WAIVER

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.

ASSIGNMENT

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.

SEVERABILITY

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.

ARBITRATION

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.

CLASS ACTION WAIVER

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.

ENTIRE AGREEMENT

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.

CONTACT US

If you have any questions about the Services, please do not hesitate to contact us at [email protected].