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General Agreement

Welcome to the website of DURO Tire and Wheel, https://durotire.com, (the "Site"). Please carefully review these General Terms of Use, and our Privacy Policy (collectively, the "Terms and Conditions"), all of which govern your use of and access to all of the Site and any and all content, data, and information contained therein.

YOUR USE OF ANY PORTION OF THIS WEBSITE, AND/OR, WHERE APPLICABLE, YOUR AFFIRMATIVE CONSENT WHEN PROMPTED, CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS AND YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY DURO TIRE AND WHEEL, IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. UNLESS YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE STRICTLY PROHIBITED FROM USING OR ACCESSING THIS WEBSITE.

Solely Intended for Users in the United States and Canada

Unless otherwise explicitly specified on the Site, the information on all of the Site is solely for use and access by persons residing in the United States and Canada, their territories, and their possessions. DURO Tire and Wheel controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing any of the Site from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable. DURO Tire and Wheel makes no representation that the materials in the Site or the products described thereby are appropriate or available for use in other locations. If you access the Site from outside the United States and Canada, be advised the Site may contain references to products and services that are not available or are prohibited in your country.

Modification of These Terms of Use

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

Links to Third Party Sites

The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of DURO Tire and Wheel and
DURO Tire and Wheel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DURO Tire and Wheel is not responsible for webcasting or any other form of transmission received from any Linked Site. DURO Tire and Wheel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DURO Tire and Wheel of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to DURO Tire and Wheel that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

DURO Tire and Wheel has no obligation to monitor the Communication Services. However, DURO Tire and Wheel reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DURO Tire and Wheel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DURO Tire and Wheel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DURO Tire and Wheel's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DURO Tire and Wheel does not control or endorse the content, messages or information found in any Communication Service and, therefore, DURO Tire and Wheel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DURO Tire and Wheel spokespersons, and their views do not necessarily reflect those of DURO Tire and Wheel.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to DURO Tire and Wheel or Posted on the Site

DURO Tire and Wheel does not claim ownership of the materials you provide to DURO Tire and Wheel (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DURO Tire and Wheel, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. DURO Tire and Wheel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DURO Tire and Wheel's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DURO TIRE AND WHEEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DURO TIRE AND WHEEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DURO TIRE AND Wheel AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DURO TIRE AND WHEEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DURO TIRE AND WHEEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SERVICE CONTACT : info@durotire.com

Termination/Access Restrictions

DURO Tire and Wheel reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia, Unites States of America in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DURO Tire and Wheel as a result of this agreement or use of the Site. DURO Tire and Wheel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DURO Tire and Wheel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DURO Tire and Wheel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DURO Tire and Wheel with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DURO Tire and Wheel with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the Site are Copyright by DURO Tire and Wheel an HFA HWA Fong Rubber Company and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure For Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

The name and contact details for the Service Provider's designated agent can be acquired by sending an email to info@durotire.com or via mail to:

DURO Tire and Wheel
14290 Lochridge Blvd.
Covington, GA, 30014 USA

Your notice of a claimed copyright infringement to our Designated Agent must be in the form of written communication that includes the following information:

  1. Your address, telephone number and e-mail address;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing the copyrighted work;
  4. A clear description of where the infringing material is located on the Site, including its URL, so that DURO Tire and Wheel can locate the material;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, 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 the copyright owner's behalf; and
  7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
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