Terms of Use

Introduction

 

Welcome to Fred Allen Enterprises, Inc., a California corporation doing business as Allen Tire Co. (“Company”, “us”, “we”, or “our”) website and online services (“Site”), This policy is intended to cover the uses for all of the Site, although additional conditions, restrictions and privacy policies may apply. This page contains very important information about us and regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you (“Terms of Use” or “Terms”).  Please read it carefully.  These Terms require the use of arbitration on an individual basis to resolve disputes rather than jury trials or class actions.

 

BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.  BY AGREEING TO BE BOUND BY THESE TERMS OF USE, YOU AGREE TO ANY AND ALL OTHER TERMS AND CONDITIONS THAT APPLY TO ANY PAGE CONTAINED IN THE SITE AND THE TERMS AND CONDITIONS OF THE WEBSITES ACCESSED THROUGH THE HYPERLINKS POSTED ON ANY PAGE OF THE SITE.

 

General

 

The Company has the right at any time to change or discontinue the Site or any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use the Site.  We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes as they are binding on you.

 

Accessing the Site and Account Security

 

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

 

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy located at www.allentireco.com/Privacy-Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  By creating an account, you agree to receive certain communications in connection with the Site.  For example, you might receive messages or emails from other users of the Site.  If we adopt a newsletter, you agree to receive our newsletter unless you opt-out of non-essential communications.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.  We have the right in our sole discretion to delete, remove, and discard any content on the website for any reason if we believe in our opinion that you have violated any provision of these Terms of Use. You agree that we are not liable to you or to any third party for the termination of, or access to, your account or to the Site.

 

Intellectual Property Rights

 

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

 

 

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

 

 

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Order Limitations

 

We reserve the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.

 

Prohibited Uses

 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

 

 

Additionally, you agree not to:

 

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SITE, ITS CONTENT AND SERVICES OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK.  THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

YOU ACKNOWLEDGE THAT NEITHER THE COMAPNY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. THE COMPANY DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

 

Limitation on Liability

 

THE COMPANY AND ITS AGENTS WILL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE, INABILITY TO USE, OR OPERATION OF THE CONTENT. THE COMPANY AND ITS AGENTS WILL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE VEHICLES, PRODUCTS, PARTS, OR SERVICES PURCHASED FROM A USER OF THE SITE UNDER ANY THEORY OR LIABILITY INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY. THE COMPANY AND ITS AGENTS WILL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING, FOR EXAMPLE, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COMPANY AND ITS AGENTS BE LIABLE TO USER IF LOSSES RESULT FROM: use of the Content in a manner that violates applicable law or the Company’s Terms of Use; losses or delays in transmission of instructions arising out of the use of any internet access service or telecommunications provider or caused by any browser or other software; provision of late, incorrect or incomplete information; malfunction or inoperability of any equipment or systems; insufficient creditworthiness or identification or lack of good standing based on the Company’s proprietary methodologies or other standard practices; circumstances beyond the Company’s reasonable control, such as, but not limited to, power outages, fire, flood, change of law or enforcement practices, mechanical, telecommunications or systems failures; interception of payments by legal process or other encumbrances restricting execution of the payment; inability to confirm user’s identity; or, suspected fraud. YOUR ONLY RECOURSE TO THE COMPANY IF THE NETWORK IS NOT AVAILABLE OR CANNOT COMPLETE A TRANSACTION WHEN PRESENTED IS TO TRY AGAIN LATER OR TO CONTACT CUSTOMER SERVICE. WE ARE NOT A MEDICAL PROVIDER.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

 

Age of Majority

 

No one under legal age of 18 years old is allowed to use this Site.

 

Governing Law and Venue

 

These Terms of Use are governed by and construed in accordance with the laws of the State of California, USA, except for its conflict of law rules. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal and/or courts in California for all purposes concerning arbitration or court actions pursuant to this Agreement.

 

Arbitration

 

At Company's sole discretion, WE may require You to submit any disputes arising from the use of these Terms OR the site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying california law.  all claims must be brought in a claimant’s individual capacity and not as a class representative.

 

Waiver and Severability

 

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

Entire Agreement

 

The Terms of Use, our Privacy Policy, and other relevant policies constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

 

Updates to this Agreement

 

We reserve the right, at any time in our sole discretion, to modify or replace any part of this Agreement and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updates to this Agreement and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updates to this Agreement and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.

 

Survival

 

The provisions of this Agreement and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Agreement, and General Provisions, will survive.

 

Severability; Interpretation; Assignment

 

If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

 

Investigations; Cooperation with Law Enforcement

 

Company reserves the right to investigate and prosecute any suspected breaches of this Agreement or the Service. Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

 

California Consumer Rights and Notices

 

Residents of California are entitled to specific consumer rights information.  Our Privacy Policy sets forth applicable rights and information.  You can also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.  Their website is located at: https://www.dca.ca.gov.

 

February 5, 2020

  • BFGoodrich®
  • Continental
  • Cooper
  • GT Radial
  • Goodyear
  • Michelin®
  • Toyo
Having Trouble Viewing our Site?