Welcome to Used Tire Exchange (UTX). By accessing or otherwise interacting with our services, servers, website, or any associated postings/content (together, 'UTX'), you agree to these Usage Terms ('UT'). You agree and acknowledge UTX is a private site owned and operated by Used Tire Exchange, LLC. If you are using or accessing UTX on behalf of a business, you represent and warrant to UTX that you have authority to accept the UT on behalf of that business and that that business agrees to the UT. If you do not agree to the UT, you are not authorized to use UTX. We may modify the UT at any time at our discretion. You are responsible for occasionally checking for changes and are bound by them if you keep using UTX. Our privacy policy (PRIVACY POLICY LINK), and all other policies, site rules , and agreements referenced below or on UTX, are fully incorporated in this UT, and you agree to them as well.
LICENSE: If you agree to the UT and (1.) are of sufficient age (13 years minimum) and capacity to use UTX and be bound by the UT, or (2.) use UTX on behalf of a business, thereby binding that business to the UT, we grant you a limited, revocable, non-exclusive, non-assignable license to use UTX in compliance with the UT; UNLICENSED USE IS UNAUTHORIZED. You agree not to display, 'frame', make derivative works, distribute, license, or sell content from UTX, excluding listings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE: Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with UTX, e.g. for uploading, downloading, using/creating/accessing an account, flagging, posting, searching, emailing, or mobile use. You agree not to collect/copy UTX content via crawlers, robots, scrapers, spiders, scripts, or any other automated or manual equivalent (e.g. by hand). Unsolicited, misleading, and/or unlawful accounts/communications/postings are prohibited, as is selling or buying accounts. You agree to not post content that is prohibited by any of UTX's rules or policies referenced above. ('Prohibited Content'). You agree not to abuse UTX's reporting or flagging processes. You agree not to collect UTX user information or interfere with UTX. You agree we may moderate UTX use/access at our sole discretion, e.g. by filtering, blocking, re-ranking, re-categorizing, delaying, deleting, omitting, holding, terminating, or verifying your account/access/license. You agree (1.) not to bypass said moderation, (2.) we are not liable for moderating or not moderating, and (3.) nothing we do or say waives our right to moderate, or not. Unless licensed by us in a separate electronic or written agreement, you agree not to (I) lease, rent, publish distribute, sell, assign, license, sublicense, transfer, or otherwise make available UTX, (ii) adapt, copy, create derivative works of, reverse engineer, decompile, localize, translate, modify, the API, any website code, or any software used to provide UTX, (iii) integrate or combine UTX or the API with any software, services, technology, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects UTX or the API, or (v) alter or remove any copyright, trademark, or other proprietary rights notices. You agree not to use UTX or the API in any matter or for any purpose that misappropriates, infringes, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
LIQUIDATED DAMAGES: You further agree that if you violate the UT, or you support, encourage, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) harvesting/collecting UTX users' information, including personal or identifying information -$2 per violation; (B) misusing/publishing personal or identifying information of a third party in connection with your use of UTX without that party's express written consent- $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of UTX- $1,000 per violation; (D) posting or attempting to post Prohibited Content-$5 per violation; (E) posting or attempting to post Prohibited Content in any paid section of UTX-the price per post applicable to that section of UTX; (F) sending an unauthorized/unsolicited email to an email address obtained from UTX- $50 per violation; (G) using UTX user information to make/send an unsolicited/unauthorized text message, call, or communication to a UTX user- $500 per text/ call/ communication; (H) creating an unlawful or misleading UTX account or buying/selling a UTX account-$5 per violation; (I) abusing or attempting to abuse UTX's flagging or reporting processes-$2 per violation; (J) distributing any software to facilitate violations of the USE section-$1,000 per violation; (K) displaying, copying, framing, aggregating, reproducing, duplicating, making derivative works from, selling, licensing, exploiting, distributing UTX content for any purpose without our express written consent- $3,000 for each day you partake in such violations; (L) viewing, requesting, or accessing more than 1,000 pages of UTX in any 24-hour period-$0.50 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts-$5 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief. You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES: When you make a paid listing (UTX PRICING PAGE), you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for listings we remove, delay, re-categorize, omit, re-rank, or otherwise moderate. WE MAY REFUSE ANY POSTING.
DISCLAIMER & LIABILITY: To the full extent permitted by law, Used Tire Exchange LLC., and its officers, directors, agents, employees, affiliates, licensors, and successors, in interest (UTX) (1) make no promises, warranties, or representations as to UTX, including its accuracy, timeliness, completeness, availability, security, propriety, or reliability; (2) provide UTX on an 'AS IS' and 'AS AVAILABLE' basis and any risk of using UTX are assumed by you; (3) disclaim all warranties, express or implied, including as to the accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from a course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with UTX. UTX Entities are NOT liable for any direct, indirect, incidental, punitive, consequential, special, or other losses, including lost profits, data, revenues, goodwill, etc. arising from or related to UTX, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY: Any claim, cause of action, demand, or dispute arising from or related to UTX ('Claims') will be governed by the internal laws of Pennsylvania, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Harrisburg, PA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Harrisburg, PA; (2) indemnify and hold UTX Entities harmless from any claims, liability, losses, or expenses (including attorney's fees) that arise from a third party and relate to your use of UTX; and (3) be liable and responsible for any claims we may have against your directors, officers, agents, employees, affiliates, or any other party, directly or indirectly, paid, directed, or controlled by you, or acting for your benefit.
TRADEMARKS: USED TIRE EXCHANGE, 'UTX' and the UTX logo are registered trademarks with the U.S. Patent and Trademark Office.
MISC: Unless you have entered into a separate electronic or written agreement with us that expressly references the UT, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, representations, agreements, and warranties, both oral and written. Users complying with prior written licenses may access UTX thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the UT or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the UT, and you will remain bound by those sections. If a UT term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the UT controls any translations.