Last updated: February 01, 2024
Introduction
Welcome to Fullway® Tires!
These Terms and Conditions (“Terms”) govern your access to and use of our website fullway-tires.com (the “Site”) and our online tire store services (the “Services”). The Terms constitute a legally binding agreement between you and Fullway® Tires.
Please read these Terms carefully before using our Site or Services. By accessing the Site or using any Services, you agree to be bound by these Terms as well as our Privacy Policy. If you do not accept all of these Terms, please do not use this Site or our Services.
We may modify these Terms at any time at our sole discretion. If we make material changes to the Terms, we will notify you via the Site or by email. Your continued use of the Site or Services after any changes to the Terms indicates your acceptance of the newTerms.
You must be at least 18 years of age to access our Site or use our Services. By using the Site or Services, you represent and warrant that you are at least 18 years old.
Key Terms
“Us”, “We”, “Our” – Refers to Fullway® Tires, the owner and operator of this Site and the provider of Services available through this Site and related domains.
“You”, “Your” – Refers to the user or viewer of our Site or customer utilizing our Services.
“Site” – Refers to the website located at fullway-tires.com and all of its related pages/subpages.
“Services” – Refers to any online tire sales, services, information, or resources we provide through the Site. This includes, but is not limited to: tire browsing/selection, tire recommendations, customer account creation and management, online tire purchases, payment processing, order tracking, delivery coordination, customer service support, informational resources (articles, videos, etc.), interactive features (chat, Saved Lists), website maintenance and security, or other online tire sales services provided through the Site.
“Content” – Refers to any information, resources, media, or other materials available on the Site, including but not limited to: text, images, graphics, logos, button icons, audio clips, digital downloads, data compilations, software, scripts, product details and descriptions, interactive features, educational resources, articles, tutorials, videos, webinar/training content, user-generated content, or other materials.
“Personal Information” – Refers to any personally identifiable information you voluntarily provide us with, such as your name, email address, phone number, billing/shipping address, payment information, tire preferences or vehicle information.
“Post” – Refers to any text reviews, photo, video, rating, submission, or other content you post or submit to the Site.
Access and Use of the Site
Limited License to Access and Use Our Site: We grant you a limited, revocable, non-exclusive license to access and make personal use of the Site in accordance with these Terms. You may not download, modify, distribute, reproduce, or make derivative works of any Content unless expressly authorized by these Terms or expressly authorized in writing by Fullway® Tires.
Site Availability: We try to make the Site available 24/7, however, the Site may be unavailable from time to time for maintenance or other reasons. We reserve the right to suspend or discontinue the Site partially or entirely at any time at our sole discretion, without notice.
Updates: We may update the Content on this Site at any time without notice to you. We may also make improvements or changes to the Site design, layout, or functionality at any time without notice.
Mobile Apps: Any Fullway® Tires mobile apps are subject to these Terms and related app store terms of service. We grant you a limited license to download, install, access, and use our mobile apps on your personal device in accordance with these Terms and your device app store terms.
Accounts: You must create an account and provide certain Personal Information to make tire purchases or access other service features. You agree to provide true, accurate, current and complete information when creating your account. You may not create more than one (1) account per person. You are responsible for safeguarding your login credentials. Do not share your login information with others. You must notify us immediately if you believe your account has been compromised.
Your Acceptable Use: You agree to access and use the Site only for lawful purposes as intended. You agree to comply will all applicable laws, rules, and regulations in connection with your access and use of the Site. You will not access or use the Site for any unauthorized or illegal purposes.
User Content Policy
User Content: You are solely responsible for any Content you submit, post, email, transmit, or otherwise make available via the Site (“User Content”). You agree that your User Content will comply with our Acceptable Use Policy below.
Rights in User Content: You retain all ownership rights in your User Content. However, by making any User Content available through the Site, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up, transferable, sublicensable right and license to access, use reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, display, and/or otherwise exploit your User Content for any purposes in connection with operating, providing, promoting or improving the Site or our Services.
No Compensation for User Content: You agree that we may use your User Content without compensating you, unless otherwise agreed upon in writing prior to your submission.
User Content Representations: You represent and warrant that: (i) you own or have all necessary rights and permissions to use and authorize us to use your User Content as described here; (ii) your User Content does not infringe or violate the rights of any third parties; (iii) all factual statements made in your User Content are objectively true and not misleading; and (iv) you are fully responsible for the content of your User Content.
Community Guidelines / Acceptable Use Policy: You agree not to misuse the Site or Services or submit any User Content that:
- Infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
- Violates any applicable law, statute, regulation, ordinance or court order;
- Is false, misleading, inaccurate, defamatory, abusive, threatening, obscene, profane, offensive, racist, sexist, promotes violence, illegal activities, or otherwise objectionable material;
- Contains unauthorized advertising or promotions, requests for donations, spam, or other forms of solicitation;
- Contains software viruses, bots, worms, or any other computer code that may damage, interfere with, or disrupt the Site or Services;
- Disrupts, overwhelms, or otherwise negatively impacts the performance, security, or integrity of the Site or Services;
- Attempts to gain unauthorized access to the Site, user accounts, systems or networks;
- Impersonates any person or entity or otherwise misrepresents your affiliation with another person, business or entity;
- Provides any false personal information or any information about another individual without consent;
- Is irrelevant, repetitive or excessive, or constitutes unauthorized promotional materials or advertisements;
Right to Remove User Content: We have the right (but not the obligation) to monitor User Content to determine compliance with these Terms. We have the right in our sole discretion to edit, refuse, delete, or move any User Content that violates the Terms or is otherwise objectionable. However, we are not responsible for screening or monitoring User Content posted by users.
Backup Copies: We may make backup copies of User Content if required for legal purposes or internal needs. However, we are not liable for authorized/unauthorized access, use, or loss of any copies of User Content stored on our IT systems.
Purchasing Tires & Order Processing
Order Submission: When you place an order to purchase tires through the Site, you agree to pay the full purchase amount plus any applicable taxes and other charges. Any promotions, discounts, or coupons will be applied at checkout.
Order Processing: Submitting an order does not guarantee availability or create a contract prior to our order acceptance. We reserve the right to accept, reject, or delay processing your order for any reason at our discretion. If we reject or cancel an order, we will attempt to notify you and refund any amounts already paid.
Prices: All prices are listed and payable in U.S. dollars ($). Prices and promotions are subject to change without notice. Errors will be corrected at the time of purchase or refund.
Shipping & Delivery: We do not guarantee delivery times. Actual delivery times depend on shipping carrier, delivery location, and other factors outside our control.
Sales Tax: If you purchase goods or services on this site, applicable sales taxes may be added during checkout. Sales tax will be calculated automatically based on your shipping address and applicable state/local rates.
Payment Processing: We use reputable third-party payment processors to process payments. If your payment cannot be processed, your order may be cancelled. Any payment-related risks are assumed by you.
Order Tracking: We will provide you with an order confirmation number and link for tracking your delivery status after payment is processed. Please allow sufficient processing time before inquiring about order status.
Returns & Refunds: Please review our Return Policy below regarding qualifications and procedures for tire returns and refunds. Restocking fees may apply.
Services & Subscriptions
Service Changes: We reserve the right to change, suspend or discontinue any of our Services, features, or functionality on the Site at any time with notice to you.
Cancellation by You: You may cancel your account or paid Services at any time via the Site settings or by contacting our Support team. Cancelled accounts will remain disabled unless you re-open your account and resume Service.
Termination by Us: We reserve the right to restrict, deactivate, suspend, or terminate your access to the Site or Services at any time at our sole discretion. Grounds for termination may include, but are not limited to: violations of these Terms or other policies, prolonged inactivity, requests by law enforcement, disruptive or unethical behavior, spam, abuse issues, security risks, legal compliance, or other business considerations. If your access is terminated, we may retain your account data for internal record-keeping purposes. Terminated users forfeit access to data in their account.
Disclaimers
No Warranties: Your use of this Site and any Services is at your own sole risk. The Site and Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy.
No Liability: We are not liable for any damages or harm resulting from: (i) delays, inaccuracies, omissions or errors in any Information/content; (ii) viruses or harmful components; (iii) disabled access or service interruptions; (iv) data loss or other harm arising from authorized/unauthorized access or use; (v) opinions, recommendations, information, services, goods received through this Site; or (vi) any other user interactions.
Assumption of Risk: You assume full responsibility and all associated risks for accessing this Site, using any Services, and interacting with other users. We are not responsible for any real or perceived harm resulting from your interactions and relationships with other users, third-parties, or business partners you connect with through our Site or Services. You agree to take all necessary safety precautions when choosing to interact offline with anyone you meet on our Site.
Limitation of Liability
We will not be liable to you or any third parties for any consequential, incidental, indirect, punitive or special damages arising out of your access to or use of (or inability to access or use) this Site or any Services. This includes damages for loss of profits, business, data/content, revenue, goodwill, anticipated savings, or other intangible losses arising out of your use of the Site or Services.
Our maximum liability to you for any breach of these Terms is limited to the greater of: (i) any amounts paid by you to access or use paid Services over the previous three (3) months, or (ii) $100.
The disclaimers and limitations on liability in these Terms will survive even after any Terms termination.
Indemnification
You agree to hold harmless and indemnify us, our subsidiaries, affiliates, related entities, partners, agents, officers, directors, shareholders, employees, successors, and assigns from any damages, liabilities, costs, expenses, or other harm arising from your breach or alleged breach of these Terms or violation of any applicable laws, rules, regulations, or rights of third parties in connection with your improper use of the Site or Services. This indemnification covers any claims arising from your User Content, use or misuse of Services, or any dealings with other users.
Governing Law
These Terms shall be governed and interpreted in accordance with the laws of the State of Delaware, U.S.A, without regard to conflicts of law or choice of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the state courts in Delaware for resolving any disputes that may arise under these Terms or your use of the Site or Services.
Dispute Resolution – Arbitration
Informal Negotiations: You must first engage in informal, good faith negotiations with us before initiating any legal action or arbitration. Send us a written notice of your claim and allow us 30 days to resolve the matter amicably before taking further action.
Binding Arbitration: If informal negotiations fail, you agree to resolve any claims relating to these Terms through final and binding arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. Arbitration hearings will be held in the state of Delaware. A single arbitrator will be selected. The arbitrator will have the power to rule on any pre-hearing motions and may rule on any motions to dismiss or motions for summary judgment. Decisions of the arbitrator will be final and binding. The arbitrator can award the same damages and relief as a court of law. The arbitrator shall issue a written opinion supporting any award. Accepting these Terms constitutes your consent to the exclusive jurisdiction of AAA arbitration.
Opt-Out: If you are a consumer (not a business entity), you may choose to opt-out of binding arbitration within 30 days of accepting these Terms by sending a signed, written notice to us via email or physical mail listed under “Contact Us” below. If you do not want to agree to binding arbitration, you must contact us to opt-out within 30 days and immediately stop accessing the Site.
Class Action Waiver: You must bring any claims against us in your individual capacity and not as a plaintiff in a class action. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other case where someone purports to act in a representative capacity are not allowed under these Terms. If you bring a claim against us, our officers, directors, parents, subsidiaries, affiliates, employees, shareholders, agents, vendors or business partners may not be included in any class action lawsuit or arbitration.
Jury Trial Waiver: Both parties hereby waive any right to jury trial for any disputes related to your use of the Site or Services. Our business records and accounts will be deemed accurate and trusted evidence for purposes of any dispute resolution proceedings.
Court Filings: Any arbitration under these Terms will take place on an individual basis. Class arbitrations and class actions are not permitted. If for any reason this class action waiver is deemed unenforceable by a court with jurisdiction over a dispute, you agree that any claims must be brought solely in the Federal courts of Delaware.
Miscellaneous Provisions
Entire Agreement: These Terms constitute the entire agreement between you and Fullway® Tires relating to your access to and use of this Site and Services. These Terms supersede any prior or contemporaneous representations or agreements. Amendments to these Terms will only be made as described here. These Terms will prevail over any conflicting terms in any purchase order or other transactional document with us.
Assignment: You may not assign or transfer these Terms or any rights or licenses granted hereunder. Any unauthorized assignment shall be null and void. We reserve the right to assign our rights and obligations under these Terms in connection with any merger, acquisition, bankruptcy proceedings or sale of our assets.
No Waivers: Any waiver of our rights under these Terms are only effective if in writing and signed by an authorized representative. Any delay or failure to enforce any rights or Terms is not considered a waiver. Even if we waiver breach in one instance, we are not obligated to waive subsequent breaches.
Severability: If any provision of these Terms is invalid, illegal, or unenforceable, it shall be severed the remaining Terms will still apply. Any invalid, illegal or unenforceable provisions may be modified or replaced by us to the extent necessary for enforceability.
Force Majure: We are not responsible for any breach or delay in performance of our obligations hereunder due to events outside our reasonable control. This includes governmental action, war, terrorism, earthquake, power/connectivity outages, vendor failures, pandemics, or acts of god.
Survival of Terms: All provisions of these Terms related to copyrights, trademarks, disclaimers, limitations of liability, privacy, indemnity, and dispute resolution shall survive the expiration or termination of these Terms for any reason.
Contact Us: Please contact us with any questions regarding these Terms via email [email protected] .
These Terms were last updated on February 01, 2024.
