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Tire Sniffer Terms of Service

Last updated on and effective as of May 23, 2015.

Thank You for using TireSniffer.com ("Website").   TireSniffer.com is a website providing tire consumers (“Users”) and retailers ("Dealers") with a research and reviews platform of tires and tire retailers additionally connecting users desiring to purchase tires and related service ("Consumer" "Users") to users who sell tires and related service in the retail market ("Retailers"). TireSniffer.com is owned and operated by JB Vires Corporation, P.O Box 1203 Carlsbad, CA 92018 (referred to herein as “JB Vires,” “Tire Sniffer,” "Company," "We," “Us,” or "Our").  These terms of service (“Terms,” “Conditions,” or “Provisions”) govern users’ access to and use of Our Website and services so please carefully read them before using Our services.

By registering or using any of the services provided through or in connection with this Website, the users ("You" or "Your") hereby agree to be legally bound by the Provisions contained in this Terms of Service Agreement ("Agreement").

Before becoming a member of this Website by completing the online registration process, You must read, understand and agree to the Provisions contained herein. If You find any of these Provisions unacceptable, You acknowledge that Your sole remedy shall be to cease current, as well as, future usage of this Website with immediate effect.

You may use Our services only in compliance with these Terms.  You may use Our services only if You have the power to form a contract with Company and are not barred under any applicable laws from doing so.  The services may continue to change over time as we refine and add more features.  We may stop, suspend or modify the services at any time without prior notice to You.  We may also remove any content from our Website or services at our discretion.

This Agreement is subject to revisions, modifications or alterations at any time without any prior or post notice to anyone. Such revisions, modifications or alterations shall come into effect as soon as they are posted on this Website. Your use of this Website signifies Your implied acceptance of such revised, modified or altered Agreement.

1.     ELIGIBILITY

1.1.    This Website and any features thereof shall be open for use for any individual, corporation, joint stock company, partnership firm, sole proprietorship or any other person who is capable of entering into a valid contract with the Company under the laws applicable in the State of California, United States of America. Membership in the service is void where prohibited. By using this Website or any features thereof, You represent and warrant that:

a)   You have the right, authority, and capacity to enter into this Agreement;

b)  If You are an artificial person created by any statute, You fulfill all the statutory requirements to enter into this Agreement;

c)  You are not involved in a business similar, or substantially similar, to that of the Company;

d)  You are of the age of maturity as applicable and defined under the applicable laws in the State of California, United States of America, i.e.,
      of or above the age of eighteen (18) years;

e)  You shall abide by all the Terms and Conditions contained herein;

f)  You will not allow any ineligible person (natural or artificial) to have access to any of the materials contained herein; and

g)  Your use of this Website or any features thereof does not violate any applicable law or regulation


2.     MEMBERSHIP

  1. You will need to register to become a member of this Website ("Member") if you wish to access the Services via this Website, and continued membership is subject to the Company’s member charges: the free-trial terms set forth at http://tiresniffer.com/customers/signup .
  2. To register to become a Member you must provide the Company with information about you via the Company's registration form http://tiresniffer.com/customers/signup .  The Company's use of this information is set out in the Company's Privacy Policy which can be found at http://tiresniffer.com/privacy.
  3. You must provide true, accurate, current and complete information about yourself when completing the registration formhttp://tiresniffer.com/customers/signup.  You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.
  4. Registration requires a valid email address (which is used to sign in to your account) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, *Mycity#1!. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the Company.
  5. You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to help@tiresniffer.com as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
  6. The Company may, for security or other reasons, require you to change your user name and/ or password or other information that facilitates access to this Website or its Services.
  7. The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
  8. Once the Company has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website.

 

2.1.    A user that register as a member of this Website may be assigned a unique username and password. As such, You shall be responsible:

a)   For maintaining the confidentiality and security of Your password as well as the combination of Your username and password by agreeing
      not to disclose either to any third party;

b)  For all kinds of disclosure of Your password and/or Your username to any third party;

c)  For using the account, username and/or password of any other member;

d)   For all uses of Your account, whether authorized or unauthorized; and

e)  To notify the Company without any delay, if You suspect any unauthorized use of Your account or access to Your password.

f)  To protect Your transmission of data or files to Company by using secure encrypted connections to communicate with the Services.

2.2.    By becoming a registered member of this Website, You represent and warrant that:

a)   You do not hold or maintain any other membership account with the Website;

b)   You have provided true, valid, accurate, complete and updated information as required in the online registration form; and

c)   You shall update Your membership information in case of any change at any time while Your membership to the Website subsists.

2.3.    We reserve the right to suspend or terminate any membership account for no or any reason whatsoever including, without limitation, violation of any of the provision(s) contained herein.

3.     THE SERVICES

3.1.    The services covered by this Agreement include both free services that Tire Sniffer and its affiliates (referred to together herein as ‘we’ or ‘us') make available for no fee (the “Free Services”), and services that we make available for a fee (the “Paid Services”). The Free Services and the Paid Services are referred to collectively in this Agreement as the “Services.”  Each Free Service and Paid Service is referred to individually as a “Service.”

3.2.    Free Services. The Free Services include providing Consumers with lists of retail tire and automotive parts suppliers based on each Consumer’s specific need including: geographic location, desired product, price, and/or tire or product brands, among others; that is made available to users free of charge on the Tire Sniffer Website accessible from www.TireSniffer.comexcept those web services for which we specifically provide a separate customer agreement.

3.3.    Additional Services. All information produced and supplied on www.TireSniffer.com is intended to act as a guideline and offers suggestions for users to consider. It is for informational purposes only. Information presented via the Services associated with any simulated tire on the Website like Nationwide Average Price, Retail MSRP, retailer (“Dealer”) cost, user listings and forumposts, reflects or is based on accessible data relevant to your simulated tire and does not reflect a retailer’s price for an actual tire matching a chosen tire consistent with your preferences. Any savings information that you may receive from a selling retailer or user, like Nationwide Average Price, Retail MSRP, retailer (“Dealer”) cost, user listings and forum posts, is provided directly to you by the selling retailer or user and is not provided by Tire Sniffer. The correctness, preciseness or information supplied on this Website nor the availability, quality or safety of tires is guaranteed or controlled by Tire Sniffer, and Tire Sniffer assumes no responsibility for the aforementioned. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding tire pricing, condition and availability and the like are not the responsibility of Tire Sniffer and should be directed to the Retailer or third party vendor, or the owner or person responsible for tire classified listings found on the forum. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase of tire(s) such as tire info, warranties and or service(s)expressed or implied, any waivers of said warranties and service(s) We do invite you to bring to our attention any material on our Website that you believe to be inaccurate. Please forward a copy of such material an your reasons for your belief to feedback@tiresniffer.com
Each Retailer sets and controls its own pricing. You may negotiate the purchase price directly with the Retailer, and Tire Sniffer plays no role in that negotiation.
For the avoidance of doubt, Tire Sniffer is solely a research, reviews and communications platform. Tire Sniffer is not a tire retailer, dealer, seller, agent or broker for tire retailers, dealers, or independent parties, nor a provider of or agent or broker for, other automotive related products or services offered by retailers, dealers or independent providers or third parties.

 

5.     COMPANY SERVICES ARE AVAILABLE AS IS

5.1.    THE SERVICES ARE PROVIDED "AS IS" AT YOUR OWN RISK, WITHOUT THE EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.  WE ALSO DISCLAIM ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

5.2.    Company shall have no responsibility for any harm to Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the Services.

6.     PROPRIETARY RIGHTS OF WEBSITE CONTENT

6.1.    This Website may contain text, files, images, pictures, photos, logos, video, sounds, musical works, software, works of authorship, trademarks, or any other materials (collectively, "Content") belonging to the Company. Such Content is protected by the relevant copyright, trademark, patent, trade secret and other laws relating to the type of intellectual property. The Company owns and retains all rights in the Website Content.

6.2.    The Company hereby grants You a limited, revocable, non-sub-licensable license to reproduce and display the Website Content, excluding any software code, solely for Your personal use in connection with accessing or using the Website and/or any features thereof. You are not permitted to copy, reproduce, modify, publish, upload, post, transmit, or distribute in any way Website Content without the consent of Tire Sniffer.

7.     OTHER CONTENT

7.1.    The Services we provide may contain links to third-party websites or resources.  Company does not endorse and is not responsible or liable for third-party website availability, accuracy, the related content, products, or services.  You are solely responsible for Your use of any such websites or resources.  Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.

8.     USER POSTED CONTENT

8.1.    Users retain the copyright in any content they may post on the Company Website pursuant to the terms of this Agreement.  However Tire Sniffer shall have a perpetual, worldwide, transferrable, and fully paid license to any and all user posted content for the purposes of operating the website.  As such, Tire Sniffer is free to copy, display, edit for length or compliance with the rules applicable to user postings on the Website, or remove from the Website at anytime any and all user posted content.

8.2.    By posting content on the Website servers, You represent and warrant that:

a)        You own the content or otherwise have requisite permissions to use such content accordingly;

b)        Such content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person;

c)        You shall be responsible for payment of any kinds of royalties, fees or any other amount owing to any person by reason of such posted or stored content;

d)        You shall be solely responsible and liable for such posted content;

8.3.    Tire Sniffer does not claim any control over user posted content, nor does it endorse such content. Such user posted content does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the user posted content or to the accuracy and reliability of such content.

9.     PROHIBITED CONTENT

9.1.    In case the user posted content contains any of the following prohibitions, the Company may, in its sole discretion, exercise its right to terminate the membership of the offending member and forfeit such member's earnings, in addition to temporarily or permanently deleting the offending content from our servers. The prohibited content, without limitation, includes:

a)        Unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b)        Sexually explicit, containing nudity, child pornography, violence, or offensive subject matter or contains a link to an adult website;

c)        Harmful to or involving minors in any way;

d)        Infringement of any patent, trademark, trade secret, copyright or other intellectual proprietary rights of any person;

e)        Involving the transmission of spam or junk mail;

f)         Solicitation of passwords or personally identifying information for commercial or unlawful purposes from other users;

g)        Involves commercial activities and/or sales other those commercial activities provide for herein;

h)       Providing instructional information about illegal activities, including without limitation, making or buying illegal weapons, gambling, promoting hate crimes, etc.;

i)         Content that You do not have a right to transmit under any law or contractual or fiduciary relationship; and

j)         Third-party content that You do not have prior written consent to post.

 
10.  PROHIBITED CONDUCT

10.1. In case Your conduct involves any of the following actions, the Company may, in its sole discretion, exercise its right to terminate the membership of the offending member and forfeit such member's earnings. The prohibited conduct, without limitation, includes:

a)        Creating multiple accounts;

b)        Advising or coercing other users to stop using the Website and/or register on other Websites;

c)        Sending unsolicited or junk mail, chain letters, spam, or other similar communications;

d)        Transmitting or otherwise making available any material containing software viruses, worms, Trojans or any other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

e)        Trying to impersonate any person or entity;

f)         Using framing techniques on the Website; or

g)        Any other illegal action or omission.

h)       Use these Services in any manner inconsistent with or in violation of this Agreement as well as any applicable local, state, national, or international laws and/or regulations having the force of law;

i)         Upload, post, or otherwise transmit user generated content in violation of Tire Sniffer's rules relating to ‘Prohibited Content’ as set forth in this Agreement

j)         Harm minors in any way;

k)       ‘Stalk’ or otherwise harass another;

l)         Use other user’s personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user;

m)      Falsely state or otherwise misrepresent Your affiliation with any person or entity;

n)       Transmit, e-mail, post, or upload any user generated content that contains software designed to monitor or persistently reside in or on any computer software or hardware or telecommunications equipment;

o)        Interfere with, disrupt, or create an undue burden upon another user‘s use and enjoyment of the Services;

p)        Use the Services in any manner that could damage, disable, overburden, or impair the Services;

q)        Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means;

r)        Harvest or collect e-mail addresses or other contact information of Users, including user IDs, from the Services by electronic or other means;

s)        Modify, adapt, translate, or reverse-engineer any portion of the Services, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Services;

t)         Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;

u)       Circumvent, disable, or otherwise interfere with security features of the Services or features that prevent or restrict use or copying of any content or enforce this Agreement; and/or
v)        Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;

   

11.  COMPLIANCE WITH LAW ENFORCEMENT AND GOVERNMENTAL AUTHORITIES

11.1. The Company reserves the right to fully cooperate with, and assist, law enforcement agencies and governmental authorities should they ask for Our assistance or cooperation in any investigations involving the conduct of the users of this Website in any manner whatsoever. Furthermore, if We suspect, in Our sole discretion, any user's conduct as being illegal in any manner whatsoever, we reserve the right to report such user and the corresponding offensive conduct to the appropriate law enforcement agencies.

12.  COMPANY PROPERTY AND FEEDBACK

12.1. These Terms do not grant You any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions You send us or post on our Website without any obligation to You. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant You any rights to use the Company trademarks, logos, domain names, or other brand features.

13.  INTELLECTUAL PROPERTY RIGHTS POLICY

13.1. The Company respects the Intellectual Property Rights of the rights holders and we encourage the members and the users of this Website to give due respect to such rights of the rights holders.

13.2. Any content infringing on the copyrights of any person is strictly prohibited from being posted and stored on the servers of this Website. Any user found in violation of this provision is liable for termination of his/her member account, in addition to permanently deleting such offensive content.

13.2.a The Tire Sniffer Grade is intellectual property and is nbsp;explicitly prohibited from being copied, displayed or disseminated for use outside of 
www.tiresniffer.com.  Any misuse of the Tire Sniffer Grade will result in legal action.

13.2.b 
The Tire Sniffer consumer articles, which are found on the
 using this site page, are intended to act as a guideline and is suggestively offered for the consideration of the websites users.  The information and ideas represented are uniquely created and published by TireSniffer.com.  Any disbursement, reproduction or plagiarizing of these articles found on the using this site page without written consent to info@tiresniffer.com is prohibited and would be considered as infringing on it's copyrights and intellectual property.  These article may be back-linked and credited to www.tiresniffer.com and permission is requested before doing so by contacting info@tiresniffer.com.  Applicable actions will be taken if these rights are discarded by users and entities outside of Tire Sniffer.

13.2.c  Tire Sniffer's 'Elevation Project' is a concept program are educational in nature for use by it's subscribing tire retailer members and their establishment(s) only.  All material is uniquely composed by and for Tire Sniffer with the intention of being used as an informative guide into the themes and topics covered within themselves independently and collectively refered to as the 'Elevation Project'.  Any disbursement, reproduction or plagiarizing of these articles and videos found within the retailer accounts without written consent to info@tiresniffer.com is prohibited and would be considered as infringing on it's copyrights and intellectual property.  These article and videos may be back-linked and credited to www.tiresniffer.com and permission is requested before doing so by contacting info@tiresniffer.com.  Applicable actions will be taken if these rights are disgarded by users and entities outside of Tire Sniffer.  

13.3. Without limiting the foregoing, if You believe that Your rights are being infringed on our Website, You are encouraged to contact us for the corrective action. We will require the following information, consistent with the Digital Millennium Copyright Act (DMCA), to redress the complaint effectively and timely including, but not limited to:

a)        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b)        A description of the copyrighted work that You claim has been infringed;

c)        A description where the material that You claim is infringing is located on Website;

d)        Your address, telephone number, and email address;

e)        A written statement to the effect that You are acting on good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law; and

f)         A statement to the effect made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.

13.4.  Contact Tire Sniffer through the “Contact Us” page at [http://www.tiresniffer.com/page/index/id/contact], via e-mail at [help@tiresniffer.com], or:

Tire Sniffer
P.O Box 1203
Carlsbad, CA 92018

14.  INDEMNITY

14.1. You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content post, transmit or otherwise make available through the Website, Your use of the Website, Your violation of this Agreement, Your violation of any rights of another, or any other loss suffered by the Company on account of Your direct or indirect conduct.

15.  LIMITATION OF LIABILITY

15.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $30 OR THE AMOUNTS PAID BY YOU TO COMPANY FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to You.

16.  MODIFICATIONS TO SERVICE

16.1. The Company reserves the right to restrict, modify, suspend or discontinue, temporarily or permanently, the Website (or any features thereof) with or without notice, at any time and from time to time. You agree that the Company shall not be liable to You or to any third party for any restriction, modification, suspension or discontinuance of the Website (or any features thereof).  By continuing to access or use the Services after revisions and/or modifications become effective, You agree to be bound by the revised terms.  If You do not agree to the new terms, please stop using our Services.

17.  ADVERTISERS' LINKS

17.1. The Company disclaims Your communications or subsequent transactions with the advertisers, promoters, or other third parties whose links can be found on or through this Website, including without limitation, payment and/or delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings. You acknowledge and agree that the Company shall not be responsible or liable for any loss or damage incurred as a result of any such dealing(s) or as a result of the presence of such advertisers' links on the Website.

18.  DISCLAIMERS

18.1. The Company shall not be responsible for any incorrect or inaccurate content posted on the servers of the Website or in connection with any features thereof, whether caused by users of the Website or by any of the equipment or programming associated with the Website;

18.2. The Company shall not be responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the features offered through the Website;

18.3. Appearance of any linked website on this Website shall not imply implicit or explicit approval or endorsement of such linked website by the Company. You access such third party websites at Your own sole risk. The Company assumes no responsibility for any third party advertisements that are posted on this Website, nor does it take any responsibility for the goods or services offered by such advertisers.

18.4. The Company shall not be liable for any technical malfunction of telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with this Website.

18.5. The Company shall not be responsible for the online or offline conduct of any user of the Website.

18.6. The Company shall not be liable for any loss or damage, resulting from use of the Website, from any Content posted or stored on the servers of the Website, or from the online or offline conduct of any user(s) of the Website.

18.7. The Website is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. Therefore, the Company disclaims any warranty of fitness for a particular purpose or non-infringement in relation with Your use of the Website.

18.8. The Company does not guarantee any specific results from use of the Website.

18.9. No advice or information, whether oral or written, obtained by You from the Website shall create any warranty not expressly stated in this Agreement.

19.  JURISDICTION

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN DIEAGO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. 

20.  ADDITIONAL MISCELLANEOUS LEGAL TERMS

20.1. This Agreement constitutes the entire agreement between You and the Company with respect to the Services, and supersedes and replaces any other agreements, terms and conditions applicable to the Services.

20.2. These Terms and Conditions create no third party beneficiary rights.

20.3. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

20.4. The Section Titles in this Agreement are for convenience only and have no legal or contractual effect.

20.5. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.  If a Provision and/or Term is found unenforceable, an enforceable term and/or provision will be substituted into the Agreement to reflect Company's intent as closely as possible.

20.6. You may not assign any of Your rights in and to these Terms and Conditions, and any attempt to do so shall be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with these Services.

20.7. You and Company are not legal partners or agents.

21.     Sniff Your Price & Availability, Tire Price Lock Certificate referred to as “Feature(s)” “Service(s)”, “It(s)”, “Receipt”, “Invoice”, “Certificate”, “T.P.L.C”: 

OVERVIEW:     “Users and Retailers participate in the Feature at their own discretion and do NOT hold tiresniffer.com liable for any outcomes experienced through the Use of the Features.  Tiresniffer.com is not responsible for any outcome, sale, transaction, monetary collection or User misrepresentation experienced through the use of the Feature.  The Feature is a lead generation tool providing Tire Retailers with the opportunity to sell Their products and or services to a User seeking those products and or services which the User “Customer” has found through the Feature.   Both parties understand that this does not guarantee that a transactional agreement will be made simply by requesting a tire offer request, searching for tires and or services via the Feature but is merely an opportunity to do business with the other party (User and Tire Retailer).  The Feature does not guarantee that the offers/bids/deals presented by the Tire Retailer to the User “Customer” are the lowest price(s) for a tire(s) that can possibly be found anywhere in the world online or offline at a brick and mortar store nor is responsible for any monetary or physical loss incurred by any party.

21a.1     The features are governed under all preceding terms outlined in the Company’s Terms.

21a.2     The features do not represent an actual sale of a tire(s) and or service(s) by tiresniffer.com nor any other third-party.  They do not represent nor assume a way to purchase the tires that are compiled on tiresniffer.com through tiresniffer.com

21a.3     Tiresniffer.com does NOT issue an Invoice or Receipt to the User representing a transaction, sale, or exchange of money for products and or services between a Retailer, User or third-party, which They are held liable to pay to the Retailer or third-party. Tiresniffer.com does not collect payment for tires.

21a.4     The Nationwide Average Tire Price is a informational reference for which to use while comparing offers and is NOT a set price for which the Retailer will be nor must adhere to.  See http://www.tiresniffer.com/nationwide-average-pricing for additional information.

21b     Feature Guarantees:

21b.1     The Tire Price Lock Certificate guarantees the User a price plus any incentives and other promises submitted to the User by the issuing Tire Retailer/Dealer/Shop via the interactive options presented through the Retailer’s Offer Management section of their profile; which they and only they have assumed access to.

21b.2     The Tire Retailer has the option to engage in submitting an offer, at which point they are offering and guaranteeing the requested tire(s) at the price(s), incentives and warranties they input into their offer submission to the User.  The Retailer is not required to engage or add prices for an offer request made by the User.

21b3     The Retailer guarantees the Prices and Incentives for 7 days after the close of the offer, (noted on the T.P.L.C) which occurs when a User accepts a Retailers offer.  If their offer is not accepted then they are no longer required to guarantee their offer.  An accepted offer is the only way a User locks in their offer guarantee and only 1 offer may be selected per tire price offer request.

21c     Users:  “Customers”:  Customers can choose to engage in the Feature by clicking on the “Sniff Your Price” button found on qualifying tires from the tire results page or on a tire details page, (private label tires are excluded).

21c.1     Customers may or may not find any participating Retailers in the area they search.  If stores are found via the search then they may request a price offer request and send Retailers that request via the “Send Out Request” button at which point that User action agrees to the terms and services outlines herein.

21c.2     Offers that Users receive in the Users dashboard, found in their personal accounts, are guaranteed prices and incentives outlined by the responding Retailer’s submitted offer for 7 days after the User accepts 1, One, offer per Offer Request which is limited to 3 outstanding offer requests at any one time.

21c.3     The Tire Price Lock Certificate represents the Users acceptance of an Offer Request and locks in the Retailers offer for 7 days.  It is NOT a receipt or invoice requiring payment to tiresniffer.com.   The TPLC represents a price and incentives agreement between the Retailer and User that the Retailer takes full responsibility for performing and providing product, services and incentives to the User.

21c.4     Any and all price, service, incentive disputes or non performance between a Retailer and User are between those two parties and do not hold tiresniffer.com responsible for the Retailer misrepresentation or unwillingness to perform and provide what the Retailer has guaranteed the User.

21c.5     Users must provide their first and last name as it matches their valid drivers license or identification card in order to submit and accept an offer so that validation of the TPLC with your offer at the applicable Retailer can properly identify you as the purchaser and the Retailer can accept and provide products and service to the User.

21.d.6     Users who accept a Retailers offer are committing to that particular offer which will void out all other opportunity to select another Retailers offer for the same tire request.

21.  Cancelations, Disqualifications, Performance waivers.

21d.1     In the event a user has created multiple accounts and has used them to undermine the Retailer and their offers to challenge for a better price on a tire, the retailer can refuse and nullify the offer.

21.d.2     Any User who seeks and is found to use tiresniffer.com and it’s Services with malice or ill will towards the Community and It’s users and Retailers is considered to disregard Our Terms thus nullifying their account which ultimately removes and voids Retailers offer(s) to the User.