CONSUMER CONDITIONS OF USE AND PRIVACY POLICY
Next Tires, LLC, a Nevada Limited Liability Company, including its successors and assigns, (“NextTires.com”) operates the NextTires.com website. You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers (“Licensors”) as stipulated on applicable pages of the Site, which you accept by your use of the Site. NextTires.com, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site unless otherwise stated by NextTires.com, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following NextTires.com posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.
LICENSE AND SITE ACCESS
NextTires.com grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase items through the Site’s Storefront Services, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of NextTires.com. Any unauthorized use shall immediately terminate the licenses and rights granted by NextTires.com and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray NextTires.com, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any NextTires.com, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of NextTires.com, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
NextTires.com does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within NextTires.com control.
CONTENT
NextTires.com provides a number of different services to assist you in comparison-shopping for products and services on the Site. NextTires.com is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases. Additionally, through the NextTires.com Members Service, NextTires.com provides a venue allowing users who open member accounts through the NextTires.com Member Agreement (“Member(s)”), to view and compare new products that are described on the Site.
At (“NextTires.com”) we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address (“personal information”).
We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services (“Service(s)”) in which, subject to applicable terms and availability, you may participate (e.g., submitting product reviews or becoming a Member to buy items through the Storefronts Service). In order to provide you with the Services you request, NextTires.com may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in a Service, we will identify what specific personal information you must provide prior to collecting such information. Any personal information that we collect from you will only be used for the purposes identified in this Privacy Statement, the NextTires.com Terms of Use and your applicable Member Agreement with NextTires.com, and as may otherwise be indicated at the time the information is collected. To update, modify or delete any personal information you provide to us with respect to a Service you may access your account with NextTires.com, make the changes on your account settings and submit the same to NextTires.com.
NextTires.com will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of NextTires.com in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) NextTires.com determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of NextTires.com, its subsidiaries, affiliates, co-brand partners or other parties under contract with NextTires.com, our users, or others; or 4) you have provided such data through a partner’s private-level shopping web site hosted by NextTires.com, in which case NextTires.com may provide your personal data to that partner (NextTires.com is not responsible for its partners’ privacy policies or their use, storage and processing of data). In addition, NextTires.com may transmit information to a merchant, such as an invoice number, which may permit the merchant to deduce the identity of a user/reviewer in the event that a merchant disputes a user review on the grounds that a transaction never took place between the user and the merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, NextTires.com may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked “optional” (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors’ statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as, providing necessary traffic information to our advertisers.
The type of information we collect includes the product codes and prices for merchandise that visitors purchase, and the pages visited. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.
The Site contains cookie technology, which collects non-personal information about you, which is used to customize the Site for your future use. Non-personal information is collected by the cookies about your visits to the Site and other web sites in order to provide you with advertisements about goods and services of interest to you.
The Site contains links to web sites of third parties. NextTires.com is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. NextTires.com adheres to industry-recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
COPYRIGHTS AND TRADEMARKS
All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, “materials”) are protected by copyright law and other intellectual property laws, and are owned by NextTires.com and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and NextTires.com has, in its sole discretion, given its prior written approval to such use of the Site’s materials. Any requests to re-use the Site’s materials should be sent to: info@nexttires.com
WARRANTIES
NextTires.com makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
SEVERABILITY
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, illegal, unlawful or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
REFUND & EXCHANGE POLICY
Due to the hard costs incurred with the processing and shipping of products, all sales are final. If there is an issue with your order, please contact Next Tires Support. All requests for refund or exchange are reviewed on a case-by-case basis. Some exclusions apply. For more details, please read the Next Tires Refund & Exchange Policy.
APPLICABLE LAWS
Use of this website shall in all respects be governed by the laws of the state of Nevada, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Nevada courts located in Washoe County, NV, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
CONTACT CONSENT
By continuing, I hereby consent to receive autodialed calls from or on behalf of NextTires.com at the telephone number(s) provided during entity registration, regardless of choosing to use services provided by NextTires.com. I understand that consent is not a condition of purchase.
