1. In General
OFT Corporation operates this website. These terms and conditions (“Terms”) govern your relationship with, and access to and use of, the websites and other online products and services provided by, OFT Corporation (“Company,” or “we,” or “our,” or “us”), including the www.utires.com website, or any replacement successor websites (the “Site,” and collectively, the “Services”). By clicking “I Agree,” selecting the agreement box, or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. These Terms also apply to purchases you make from the Site, as set forth in the Terms of Sale in Section 9 below. If you do not agree to these Terms, do not use any of our Services or make a purchase from us.
2. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
3. User Accounts and Account Security
You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Services. If you register for an account, you must provide accurate and complete account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.
4. Privacy Policy
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy at https://www.utires.com/privacy-policy.html.
5. Ownership; Limited License
The Services, including the software, text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
6. Prohibitions
You must not misuse the Services. You will not:
- commit or encourage a criminal offense or otherwise violate any applicable law, a third-party right, or commit fraud or a tort;
- transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Services or attempt to corrupt or authorized any of our data;
- cause annoyance to other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam";
- attempt to affect the performance or functionality of any computer facilities of or accessed through the Services;
- copy, reproduce, distribute, create derivative works of, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- use the Services or any content therein to design or develop a competing service or similar offerings;
- develop or use any applications that interact with our Services without our prior written consent; or
- bypass or ignore instructions contained in our robots.txt file.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.
7. Trademarks
OFT Corporation, UTires, www.utires.com, and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of Company and our licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, authorization, or recommendation by us. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are authorized, licensed, endorsed by, or connected to Company.
8. Third-Party Services
We may provide information about third-party products or services or provide links to websites that are not operated by Company (collectively, “Third-Party Services”). We provide Third-Party Services as a service to those interested in such products and services. Your dealings or correspondences with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and your access to and use of such Third-Party Services is at your own risk. To the fullest extent permitted by applicable law, Company will not be liable to you under any theory of liability as a result of your use of the Third-Party Services.
9. Terms of Sale
By placing an order with us, you are offering to purchase a product on and subject to these Terms, including the following terms and conditions in this Section 9 (“Terms of Sale”). All orders are subject to availability and confirmation of the order price. We reserve the right to change these Terms of Sale at any time and in our sole discretion. These changes will not apply to products you have already purchased, but your continued purchase of products through the Site will confirm your acceptance of such changes.
In order to contract with Company, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Company retains the right to refuse any request made by you. If your order is accepted, we will inform you by email, and we will confirm the identity of the party which you have contracted with. This will usually be Company or may in some cases be a third party. Where a contract is made with a third party, Company is not acting as either agent or principal, and the contract is made between yourself and that third party and will be subject to the terms of sale which they provide you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
All prices are shown in U.S. dollars and taxes and shipping and handling charges are additional (in each case, except where otherwise noted). All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, and to discontinue products without notice, even if you have already placed your order. A product appearing on the Site does not guarantee that product’s stock or availability. While we try to ensure that all details, descriptions, and prices which appear on the Site are accurate, errors may occur, and we do not represent or warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. If we discover an error in the price of any products you have ordered, we will inform you of this as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. In addition, if we discover that any product you have ordered is unavailable for any reason, we will inform you as soon as reasonably possible and give you the option of cancelling your order or finding substitute products from our offerings. If you cancel and you have already paid for the products, you will receive a full refund.
You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Company reserves the right to collect such taxes or other fees from you at any time.
(c) Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be charged or debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the products you wish to purchase. Once the products have been dispatched and you have been sent a confirmation email, the monies paid as a deposit will be used as consideration for the value of products you have purchased as listed in the confirmation email.
By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling, and any other amounts described on the Site). When you provide your payment information, you authorize us (or a Third-Party Service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.
We may make available payment services via a third-party payment processor. Your use of such processor’s payment services will be subject to a separate agreement between you and the processor. Company is not a party to that separate agreement and will have no liability to you in respect thereof. Company reserves the right to change the processor at any time or to cease providing access between the Services and the payment services offered by any processor for any reason whatsoever. If applicable, you hereby authorize Company to accept, store, transmit, and deliver information and instructions on your behalf to the processor. You acknowledge Company is not a bank, payment institution, or money services, and that any funds transfers facilitated by the processor is the business responsibility of the processor.
(d) Shipping & Handling
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add, or eliminate these charges from time to time, and you agree to check all charges before placing an order. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims, losses, or damages resulting from any delays to your receipt of products. Dispatch times may vary according to availability and are subject to any delays resulting from carrier delays or other delays beyond our reasonable control (such as acts of God or nature, including fires, floods, earthquakes, tornadoes, and hurricanes, embargoes, materials shortages, labor shortages, epidemics, acts of war, terrorism, changes to laws, or acts or omissions by any regulatory or governmental authority), for which we will not be responsible. You will not obtain or direct shipment of any product purchased through the Site for export.
(d) No Manufacturer’s Warranty; Limited Company Warranty
NEITHER COMPANY NOR ITS SUPPLIERS ARE AUTHORIZED DEALERS FOR THE BRANDS CARRIED ON OUR SITE, AND THE RESPECTIVE MANUFACTURER WARRANTY DOES NOT APPLY. COMPANY’S SOLE EXPRESS WARRANTY CAN BE FOUND AT https://www.utires.com/return-policy/, WHICH SUPERSEDES ANY REPRESENTATIONS, STATEMENTS, AND UNDERSTANDINGS INVOLVING ANY PRODUCTS THAT YOU RECEIVE FROM US.
(e) No Liability for Third-Party Service Providers
PRODUCTS PURCHASED FROM US MAY BE SHIPPED DIRECTLY TO THIRD-PARTY SERVICE PROVIDERS (E.G., REPAIR SHOPS OR INSTALLERS) THAT WE DO NOT OWN OR CONTROL. AS BETWEEN YOU AND COMPANY, YOU ARE SOLELY RESPONSIBLE FOR SELECTING AND ENGAGING THE THIRD-PARTY SERVICE PROVIDER. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY WORK PERFORMED BY SUCH SERVICE PROVIDERS OR ANY LOSSES OR DAMAGE CAUSED BY OR RESULTING FROM, WHETHER DIRECTLY OR INDIRECTLY, THEIR WORK. THE LIMITED WARRANTY PROVIDED AT https://www.utires.com/return-policy/ WILL NOT APPLY IF WE DETERMINE IN OUR SOLE AND REASONABLE DISCRETION THAT ANY ISSUES, LOSS, OR DAMAGE TO THE PRODUCTS PURCHASED FROM US ARISE FROM THE WORK DONE BY SUCH SERVICE PROVIDERS.
10. Disclaimers
EXCEPT WHERE EXPRESSLY STATED, OUR SERVICES, INCLUDING THE MATERIAL DISPLAYED IN CONNECTION WITH OR ON OUR SERVICES, AND ALL PRODUCTS PURCHASED FROM US, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES OF ANY KIND. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. UNLESS EXPRESSLY STATED TO THE CONTRARY, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, WARRANTIES, AND OTHER TERMS WITH RESPECT TO THE SERVICES AND ANY PRODUCTS PURCHASED FROM US, EITHER EXPRESS, IMPLIED, STATUTORY, OR AT COMMON LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE COMPANY ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES OR ANY PRODUCTS PURCHASED FROM US SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY PRODUCTS PURCHASED FROM US ARE FREE FROM DEFECTS, ERRORS, OR HARM OR ARE OTHERWISE SAFE.
11. Limitation of Liability
COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR WITH RESPECT TO ANY PRODUCTS SOLD THROUGH THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES, OR ANY PRODUCTS PURCHASED ON OUR SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES OR THE PRODUCTS PURCHASED ON OUR SITE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF COMPANY OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Linking to this Website
You may link to the home page of our Site, provided you do so in a way that is fair and legal and does not damage, tarnish, or disparage our reputation or good name or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice at any time.
13. Indemnity
You will indemnify, defend, and hold harmless Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, losses, and/or costs and expenses (including, but not limited to, attorneys’ and legal fees) arising from your use of the Services, your breach of these Terms, or your use of any products purchased from us.
14. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, our Services, or your purchase of products from us will be resolved through confidential binding arbitration before one arbitrator held in Chicago, Illinois in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Company agree that any dispute arising out of or related to these Terms, our Services, or your purchase of products from us is personal to you and Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Illinois and the United States sitting in Chicago, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by submitting a request to opt out via Certified Mail to the contract address on our Site. To be effective, your request must include your full legal name, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
15. Governing Law and Venue
These Terms, your access to and use of our Services, and any disputes relating to your purchase of products from Company will be exclusively governed by and construed and enforced in accordance with the laws of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be exclusively resolved in the state or federal courts of Chicago, Illinois.
16. Termination
Access to the Services is permitted on a temporary basis, and we reserve the right to terminate, withdraw, amend, or stop providing all or portions of our Services at any time without notice. We are not responsible for any loss or harm related to your inability to access or use our Services, including the inability to purchase any products from us.
17. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable for any reason, then such invalid provision will be modified or partially enforced, to the maximum extent permitted to effectuate the original intent of the parties. Any provision (or part thereof) that cannot be so modified will be severed from these Terms, and in any case, all the remaining provisions of these Terms will remain in full force and effect
19. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us using the contact information on our Site, including by emailing contact@utires.com.
20. Waiver
If you breach these Terms, and we take no action, we will still be entitled to exercise our rights and remedies for such breach to the extent allowed by applicable law and in any other situation where you breach these Terms.
21. General Terms
These Terms, and any other terms on the Site referenced in these Terms, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements and understandings between you and Company. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Company. You may not assign or transfer these Terms or otherwise assign or transfer any rights or delegate any of your obligations under them to a third party. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.