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Terms and Conditions

Safety Group, LLC

Tire Safety Group Terms of Use & License Agreement

 Last Modified:  October 29, 2013

This agreement applies as between you, the User of the Website and Tire Safety Group, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.  Moreover, if you have any questions about these Terms and Conditions, please contact us at:  [email protected]

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

  • “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer or electronic device that appears on or forms part of this Website;
  • “Tire Safety Group” is owned and managed by Safety Group, LLC;
  • “Service” means collectively any online facilities, tools, services or information that Tire Safety Group makes available through the Website either now or in the future;
  • “System” means any online communications infrastructure that Tire Safety Group makes available through the Website either now or in the future.
  • “User” / “Users” means any third party that accesses the Website and is not employed by Tire Safety Group and acting in the course of their employment;
  • “Website” Means the iPhone website “Tire Check” developed by Tire Safety Group and its associated web site.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tire Safety Group. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.

2.2 Subject to Clause 2.2.1-2 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Tire Safety Group. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:

2.2.1 you will not use the Content of the Website for commercial purposes, specifically including training, data mining or “scraping,” and/or fleet level deployment; and

2.2.2 you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Tire Safety Group.

3. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. Specifically, this website utilizes, in part, publically available information provide by the National Highway Traffic Safety Administration (NHTSA) and any rights reserved by NHTSA are not waived by NHTSA during your use of this website.

4. Links to Other Web Sites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Tire Safety Group. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site from this Website does not imply any endorsement of the sites themselves or of those in control of them.

5.  Third-Party Content

The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via Tire Safety Group at any time. Your access to or receipt of Third Party Content via the Website does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Artists, Representatives or Providers, with respect to any Third Party Content.

5.1 Links and Feeds. The Site may provide links to or feeds from other web sites and online resources. Tire Safety Group is not responsible for and does not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.

6. Privacy

Except for those default tools provided by Apple’s developer program, this website does not collect any personally-identifying information in any intentional way.  Such information that is provided by Apple may include IOS version, website version, time zone, language preference, and other non-personally-identifying information.  To the extent that Tire Safety Group does gather information, it will strictly be used for non-commercial purposes intended on advocating for greater awareness of tire safety issues and protections for consumers in the field of tire safety.

6.1 Gathering of Personally-Identifying Information

Certain users of Tire Safety Group software may choose to interact with Tire Safety Group in ways that require Tire Safety Group to gather personally-identifying information. The amount and type of information that Tire Safety Group gathers depends on the nature of the interaction. In each case, Tire Safety Group collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Tire Safety Group and in most instances will be limited to only the information that has been provided by the user him or her self. Tire Safety Group does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain activities.

6.2 Protection of Certain Personally-Identifying Information

Tire Safety Group discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Tire Safety Group’s behalf or to provide services available at Tire Safety Group’s websites or within Tire Safety Group’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Tire Safety Group’s websites, you consent to the transfer of such information to them. Tire Safety Group will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Tire Safety Group discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Tire Safety Group believes in good faith that disclosure is reasonably necessary to protect the property or rights of Tire Safety Group, third parties or the public at large. If you are a registered user of a Tire Safety Group website and have supplied your email address, Tire Safety Group may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Tire Safety Group and our services.

6.3 Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Tire Safety Group uses cookies to help Tire Safety Group identify and track visitors, their usage of Tire Safety Group website, and their website access preferences. Tire Safety Group visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Tire Safety Group’s websites, with the drawback that certain features of Tire Safety Group’s websites may not function properly without the aid of cookies.  Tire Safety Group does not use permanent cookies.

6.4 Privacy Policy Changes

Although most changes are likely to be minor, Tire Safety Group may change its Privacy Policy from time to time, and in Tire Safety Group’s sole discretion. Tire Safety Group encourages visitors to frequently check this page for any changes to its Privacy Policy, where we will clearly state the date of last change. Your continued use of Tire Safety Group’s sites after any change in this Privacy Policy will constitute your acceptance of such change.

 

7. Disclaimers

7.1 Tire Safety Group makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.  In particular, due to the largely unregulated nature of tire production, many of the services provided by the Tire Safety Group may be considered experimental and should not be exclusively be relied upon for any commercial purpose or for the proper maintenance of user’s vehicles and tires.

7.2 No part of this Website is intended to constitute legal advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

7.3 Commercial use of the Content of this Website is expressly forbidden under Clause 2.2.1 of these Terms and Conditions absent written consent from tire Safety Group. Any such use constitutes a breach of these Terms and Conditions and Tire Safety Group makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

7.4 Whilst every effort has been made to ensure that all descriptions of services available from Tire Safety Group correspond to the actual services available, Tire Safety Group is not responsible for any variations from these descriptions.

8. Availability of the Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Tire Safety Group accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, Tire Safety Group accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.  TIRE SAFETY GROUP DOES NOT MAINTAIN A COMMERCIAL INSURANCE POLICY APPLICABLE TO YOUR USE OF THIS WEBSITE.

9.2 Nothing in these terms and conditions excludes or restricts Tire Safety Group’s liability for death or personal injury resulting from any negligence or fraud on the part of Tire Safety Group.

9.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

10. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

11. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

12. Law and Jurisdiction

These terms and conditions and the relationship between you and Tire Safety Group shall be governed by and construed in accordance with the Law of the State of Georgia, United States and Tire Safety Group and you agree to submit to the exclusive jurisdiction of Gwinnett County, Georgia, and waive any jurisdictional, venue or inconvenient forum objections thereto.

13. Indemnity.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Tire Safety Group from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

14. Miscellaneous.

This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities.

15. Attorney Advertising

This website may be considered attorney advertising in your state.  Periodically, this website may advertise legal services.  Your use of this website or receipt of attorney advertising does not create an attorney-client relationship  and the information provided within this app should not be considered or relied upon as legal advice.  The attorney responsible for any such advertising contained within this app, unless otherwise stated, is Matt Wetherington.  Matt Wetherington is licensed to practice law in the state of Georgia.  Matt Wetherington may be contacted at:  Werner & Associates, 2142 Vista Dale Court Atlanta, Georgia 30084.