Terms of Use | RBP Tires

TERMS OF USE

Last Updated: November 30, 2023

Welcome to Rolling Big Power -RBP Tires! Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.rbptires.com website (the “Service”) operated by RBP Tires (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

1. Intellectual Property

All content, including but not limited to, text, graphics, logos, images, videos, and software, is the property of RBP Tires or its content suppliers and protected by copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of RBP Tires and is protected by copyright and other intellectual property laws.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on RBP Tires’ website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • a. Modify or copy the materials;
  • b. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • c. Attempt to decompile or reverse engineer any software contained on RBP Tires’ website;
  • d. Remove any copyright or other proprietary notations from the materials; or
  • e. Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by RBP Tires at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

3. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by RBP Tires. RBP Tires has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that RBP Tires shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

4. Limitations

In no event shall RBP Tires or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on RBP Tires’ website, even if RBP Tires or a RBP Tires authorized representative has been notified orally or in writing of the possibility of such damage.

5. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

6. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

7. Contact Us

If you have any questions or concerns about these Terms and Conditions, please do not hesitate to contact us at:

RBP Tires 5793 Martin Road, Irwindale, CA 91706 United States

Email: [email protected]

Phone: +1 (800) 447-3411

8. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.

9. User-Generated Content

Certain areas of the Service may allow users to post reviews, comments, photos, or other content (“User-Generated Content”). You are solely responsible for any User-Generated Content you submit, and you agree that it will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also grant RBP Tires a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

10. Prohibited Uses

You agree not to use the Service for any unlawful purpose or to engage in any conduct that may impair or cause damage to the Service or its content. You may not attempt to gain unauthorized access to any portion of the Service, or any related systems or networks, through hacking, password mining, or any other means. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Indemnification

You agree to defend, indemnify, and hold harmless RBP Tires and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

13. Warranty Disclaimer

The materials on RBP Tires’ website are provided “as is”. RBP Tires makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

14. Limitation of Liability

In no event shall RBP Tires, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

16. Force Majeure

RBP Tires shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquakes, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

17. Waiver

No waiver by RBP Tires of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RBP Tires to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RBP Tires may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

19. Notices

Any notices or other communications provided by RBP Tires under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20. Entire Agreement

These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. If you have any questions about these Terms, please contact us.