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Terms of Use

Last Updated: August 05, 2024

 

The following terms and conditions (“Terms of Service” or “Agreement”) constitute a legal agreement between you, the user (“You,” “Your,” or “User”), and us, Priority Tire LLC (“Us,” “We,” or “Our”). By accessing or browsing information at www.prioritytire.com (“Website”), or otherwise using Our services, You are acknowledging that You have read, understood, and agree to comply with and be bound by these Terms of Service, Our accompanying Privacy Policy (available at: https://privacy.prioritytire.com), and Our accompanying Terms of Sale (available at: www.prioritytire.com/terms-of-sale) without modification of any terms, conditions, and notices. If You do not accept these terms, do not use Our services.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE A PARENT AND/OR GUARDIAN REVIEW THESE TERMS AND AGREE TO THEM ON YOUR BEHALF. OTHERWISE, YOU MAY NOT USE OUR SERVICES.

 

Who We Are

Led by qualified and experienced individuals with decades of field experience in the tire industry, Priority Tire’s goal is to provide exceptional new tires for sale at the lowest prices possible.

 

Newsletter

By using Our Services, You hereby consent to the receipt of a newsletter and/or other similar communications through the email or other contact information You provide to Us. The aim of such a newsletter or other communications is to keep You informed of Our Services; to allow merchants to “see what you see” and to potentially take actions on Your behalf in order to provide better assistance; and other marketing-related purposes. The receipt of such a newsletter or other communications is not mandatory and You may choose to opt-out of the receipt of the same at any time. Such opt-out procedures will be provided to You in such newsletter and/or other communications.

In accordance with Our Privacy Policy, Your consent to receive such a newsletter and/or other communications will not result in the sharing of Your personal information with any other third-party. 

We reserve the right to change, modify, or discontinue such a newsletter and/or other communication at any time, without notice to You. All such newsletters and/or other communications shall be subject to these Terms of Service.

 

Our Intellectual Property

Priority Tire, and any other trademarks and service marks, including Our logo designs and the “look and feel” of Our Website, are Our intellectual property and are protected by trade dress, trademark, unfair competition, copyright, and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image relating to Our Services may be copied, transmitted, or used in any manner. Nothing in this Agreement shall be construed as providing You with a license to use any of Our intellectual property, all right and title of which shall remain solely owned by Priority Tire LLC.

 

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SERVICES OR ANY LINKED SERVICES, OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SERVICES OR ANY LINKED SERVICES. FURTHER WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SERVICES IS APPLICABLE OR APPROPRIATE FOR USE IN ALL LOCATIONS THROUGHOUT THE WORLD. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SERVICES AND ANY MATERIALS, DATA, OR INFORMATION CONTAINED ON THE SERVICES, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SERVICES.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, SHALL CREATE A WARRANTY. PORTIONS OF OUR WEBSITE AND/OR CERTAIN FEATURES OF OUR WEBSITE MAY BE COVERED UNDER U.S. PATENT NO. 6,876,979.

 

Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL PRIORITY TIRE LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PRIORITY TIRE LLC OR PRIOTIY TIRE ITSELF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PRIORITY TIRE LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES YOU PAID FOR OUR SERVICES OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Indemnification

You hereby agree to indemnify, hold harmless, and defend Us and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from these Terms of Service, including, but not limited to Your use of Our Services. Notwithstanding the foregoing, We retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Us, and in no event shall You settle any such claim without Our prior written approval.

 

Revisions and Errata

The materials appearing on Our Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on Our Website are accurate, complete, or current. We may make changes to the materials contained on Our Website at any time without notice. We do not, however, make any commitment to update the materials.

 

Accessibility Statement

We believe that Our Website should be accessible to everyone, regardless of ability. For this reason, We use an accessibility interface which allows persons with specific disabilities to adjust the Website’s user interface to suit their personal needs. For a more detailed explanation, click here to read the full statement.

 

Third-Party Links

We have not reviewed all of the sites linked to Our Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply Our endorsement. Interaction with any such linked web site is at the user's own risk.

 

Modifications

We reserve the right to make changes to these Terms of Service at any time, provided We give You reasonable notice of such revisions. By continuing to use the Services after such notification, You agree to be bound by any such revisions.

These Terms of Service were last updated on August 05, 2024.

 

Term and Termination

These Terms of Service commence upon Your first use of Our Services, and shall continue indefinitely.

We reserve the right, in Our sole discretion, to restrict, suspend, or terminate these Terms of Service and Your access to Our Services at any time and without any prior notice or liability should You breach any of these terms recited herein.

 

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If You have an intellectual property rights-related complaint about any content used in Our Services, You may contact Our Designated Agent at the following address:

            Malloy & Malloy, P.L.
            2800 S.W. 3rd Ave.
            Historic Coral Way
            Miami, FL 33129

Any notice alleging Our content and/or Services infringe upon the intellectual property rights of another must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property being infringed upon;
  • a description of the intellectual property claimed to be infringed upon;
  • a description of the material asserted to be infringing upon such intellectual property, and the identification of its location within Our content and/or Services;
  • Your contact information, including Your address, telephone number, and email address;
    a statement that You have a good faith belief that the use of the materials on Our Services or in Our content (of which You are complaining) is not authorized by the owner of such intellectual property; and
  • a statement that the information You are providing is accurate and that, under penalty of perjury, You are the owner of such intellectual property or are authorized to act on such owner’s behalf.

 

Choice of Law and Forum

The Terms of Service will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof. Any dispute arising from Our conduct or offering of Our Services, these Terms of Service, or the associated Privacy Policy (available at: https://privacy.prioritytire.com) will be resolved in the United States District Court for the Southern District of Florida. By using Our Services, You hereby agree to submit to jurisdiction in the foregoing forum. In the event of any dispute arising from Our conduct or offering of Our Services, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party.

 

Waiver of Right to Jury Trial

EACH PARTY WAIVES ALL RIGHTS TO ANY TRIAL BY JURY IN ALL LITIGATION RELATING TO OR ARISING OUT OF THESE TERMS OF SERVICE.

 

Assignment

You may not assign, delegate, or transfer the terms of this Agreement, or its obligations hereunder, in any way without Our prior written consent. We may transfer, assign, or delegate the provisions of this Agreement and Our rights and obligations hereunder without Your consent.

 

Severability

If any provision of the Terms of Service is held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of the Terms of Service.

 

Entire Understanding

These Terms of Service, and any other terms, documents, and/or agreements expressly incorporated herein represent the entire understanding between You and Priority Tire LLC regarding the subject matter expressed herein. To the extent there are any conflicts between these Terms of Service or any other agreement and/or understanding between You and Priority Tire LLC, it is expressly agreed these Terms of Service shall be controlling, unless explicitly and unequivocally stated in a separate, written agreement.

 

Contact Us

If you have any questions regarding these Terms of Service or our Services, please contact us at:

 

Priority Tire LLC
1750 Airport Rd STE 102, Jacksonville, FL 32218
866-440-0177
[email protected]