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TERMS OF USE AGREEMENT

Use of Website; Product Warranties

This page states the Terms and Conditions under which the website visitor (“You”) may use this website, which is owned by Specialty Tires of America, Inc.,. and maintained by its affiliates, agents, and employees (“STA”). Please read this page carefully. By using this website, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this website. STA may, in its sole discretion, revise these Terms and Conditions and the information on this website at any time. STA may also make changes in the products or services described in these Terms and Conditions at any time without notice. Therefore, You should visit this page periodically to review the Terms and Conditions.

Warranties and Disclaimers

YOU USE THIS WEBSITE AND ITS MATERIAL AT YOUR OWN RISK AS THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THIS WEBSITE INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CONTENT OR TIMELINESS OF THE MATERIAL, PRODUCTS, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS PROVIDED ON THIS WEBSITE; RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO THIS WEBSITE; THAT THIS WEBSITE WILL OPERATE INTERRUPTION- OR ERROR-FREE; OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL . STA , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, TITLE OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. SOME STATES DO NOT PERMIT SUCH A LIMITATION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

STA AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT ARISING OUT OF YOUR ACCESS TO OR USE OF OR INABILITY TO USE THIS WEBSITE, OR SITES LINKED TO THIS WEBSITE, INCLUDING BUT NOT LIMITED TO IMPROPER PRODUCT SELECTION, FAILURE TO PROVIDE PRODUCTS OR SERVICES, LOSS OF USE, DATA OR PROFITS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No information, whether oral or written, obtained by you through this web site shall create any warranty not expressly stated in the terms.

STA’s obligations and responsibilities regarding STA products are governed solely by the agreements under which they are sold. STA products are subject to the limited warranty and adjustment policies that STA may issue for its products from time to time. Nothing contained in this website modifies or limits such warranties and adjustment policies in any way. Click To Return To Top Of Page

MODIFICATIONS

STA may discontinue, add to, modify, upgrade, or replace this web site, in whole or in part, in STA’s sole discretion and without notice. Specifically, STA reserves the right to modify, supplement, delete, discontinue, or remove any file, publications, information, or other content appearing on or transmitted through this web site.

Distributor Number Policy

Certain sections and services on this web site are only available to STA distributors (“Distributors”). These sections can only be accessed by entering your “Distributor Number,” which is the number assigned by STA. Anyone with knowledge of your Distributor Number can gain access to this web site and the information that is available to you. Therefore, all Distributor Numbers must be kept confidential. By agreeing to these terms of service, you agree to be solely responsible for the confidentiality and use of your Distributor Number.

Links to Other Websites

Links to other websites are provided as a convenience to our users. These websites are entirely independent from and outside the control of STA. STA does not either expressly or by implication endorse such sites and makes no representations whatsoever about any other website you may access through this one and accepts no responsibility for the content or use of such website.

Trademark and Copyright

The trademarks, service marks and logos (the Trademarks) displayed on this site are licensed to STA under exclusive license from Polymer Enterprises Corp. (“PEC”). Nothing on this site should be construed as granting any license or right to the Trademarks without the express written consent of PEC and STA. The unauthorized use of the Trademarks is strictly prohibited. PEC and STA aggressively enforce their intellectual property rights around the world to the fullest extent of the law.

Copyright © STA. All rights reserved. All text, images, graphics, animation, videos, music, sounds and other materials on this website are subject to the copyright and other intellectual property rights of STA and its affiliates. STA owns the copyrights in the selection, coordination and arrangement of the materials on this site. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other websites, without STA’s express written consent. Click To Return To Top Of Page

Indemnity

By using this web site, You agree to defend, indemnify, and hold harmless STA, its affiliates, officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal fees) that STA may become obligated to pay arising or resulting from Your use of this web site or Your breach of these Terms and Conditions. STA reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

User Submissions

STA does not accept or consider unsolicited ideas for new products, technologies or advertising. STA welcomes comments on our website and products, subject to the following: All persons submitting information to STA acknowledge that submissions of creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the “Information”) shall be deemed and become, and shall remain STA’s property. Generally, any communication which you post to the website or transmit to STA over the Internet is considered to be, and will be treated as, non-confidential. If particular web pages permit the submission of communications which will be treated by STA as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submission of any Information to us, You assign to STA and STA shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the world and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

As a user of this website, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

STA reserves the right to expel users and prevent their further access to this website for violating these terms or the law and reserves the right to remove any communications from this Site. Click To Return To Top Of Page

Miscellaneous

These Terms and Conditions are governed by the substantive laws of the Commonwealth of Pennsylvania, U.S.A., without respect to its conflict of law principles. You agree to submit to the jurisdiction of the courts situated in Westmoreland County, Greensburg, PA, U.S.A., with respect to any dispute, disagreement, or cause of action related to or involving this website. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website, these Terms and Conditions constitute the entire agreement between You and STA with respect to Your use of this website.