Terms And Conditions

IMPORTANT: Carefully review these Terms as they settle a legal agreement between you and NeoTires LLC (“NeoTires”), governing your access to and use of: (a) this website (“Site”), and (b) the services offered through the Site (“Web Apps”), collectively referred to as the “Services,” in connection with purchasing NeoTires products (“Products”).

By accessing or using the Services, you confirm that you have read, understood, and agreed to these Terms, including any updates made over time. If you do not accept these Terms and the accompanying Privacy Policy, you must refrain from using the Services. If you act on behalf of another individual or organization, you affirm that you are authorized to bind them to these Terms (in which case “you” and “your” will refer to that individual or organization). You may use the Services only if you comply with these Terms and are legally able to enter into a binding agreement under applicable laws.

What These Terms Do Not Cover: The purchase of Products is subject to NeoTires’ Return/Refund Policy and governed by its Sales Terms.

No Warranties, Limited Liability, and Arbitration: These Terms outline specific legal rights you have. However, additional rights may exist depending on your jurisdiction. NeoTires does not offer warranties for the Services and limits its liability. Refer to Sections 3 and 4 for details. Note that some jurisdictions prohibit the exclusion of implied warranties or the limitation of certain damages, so these provisions may not apply to you. Disputes will be resolved through binding arbitration rather than jury trials or class actions (see Section 6 for details, including opt-out instructions).

1. Use of Services and Accounts

1.1 Access and Usage Rights; Open Source Software

(a) Subject to your adherence to these Terms, NeoTires grants you a non-exclusive, non-transferable, and non-sublicensable right to access and use the Services online via the Web Apps. NeoTires retains the right to make unscheduled changes, updates, or enhancements to the Services at its sole discretion. We may add, remove, or discontinue features or functionalities, or even suspend the Services entirely, without prior notice. NeoTires is not liable to you or any third party for modifications, suspensions, or discontinuation of the Services.

(b) Some components of the Services may include open-source software (“Open Source Components”), governed by their respective licenses. If there’s a conflict between these Terms and the open-source licenses, the open-source terms take precedence.

1.2 User Accounts

To purchase Products, you need to create an account by providing accurate and complete information. Your account is personal, and you must not allow others to use it. You are responsible for securing your account credentials. NeoTires reserves the right to determine account eligibility and may revoke accounts at its discretion without liability. Users must be at least 18 years old to use the Services. If you are aged 13–17, you may only use the Services with parental or legal supervision, and by doing so, they agree to these Terms on your behalf. Users under 13 years old are strictly prohibited.

1.3 Restrictions on Use

You agree not to (and will not allow others to):

• (a) Sell, rent, license, or commercially exploit the Services.
• (b) Use the Services to create competing services.
• (c) Remove or obscure proprietary notices.
• (d) Transfer or assign rights to the Services.
• (e) Bypass any technical or security restrictions.
• (f) Modify, decompile, or reverse engineer the Services unless allowed by law.
• (g) Reproduce or distribute any part of the Services without permission.
• (h) Misuse Internet-based features to interfere with other users.
• (i) Introduce malicious software, such as viruses or worms.
• (j) Access the Services through unauthorized means.

1.4 Ownership

NeoTires and its licensors retain full ownership of the Services and all related intellectual property rights. Any suggestions or feedback you provide may be used by NeoTires without restriction. By submitting content, you confirm that you have all necessary rights to share it and that it does not infringe on any third-party rights or violate laws. NeoTires reserves the right to remove any inappropriate or unlawful submissions.

1.5 Privacy

NeoTires is committed to protecting your personal information. Please review the Privacy Policy to understand how NeoTires collects, uses, and protects your data.

1.6 Internet-Based Features

Some functionalities of the Services require an Internet connection or interaction with third-party devices or software. NeoTires is not responsible for Internet access, connection issues, or data security during transmission.

2. Term and Termination

These Terms remain effective as long as you access or use the Services or until terminated as outlined herein. NeoTires reserves the right to:

• (a) Suspend or terminate your access to the Services, or
• (b) Terminate these Terms if, in good faith, it believes you have violated them.

Upon termination of these Terms, your account and limited rights to access or use the Services under Section 1 will automatically end. The provisions in Sections 1.3, 1.4, 3, 4, 5, 6, and 7 will continue to apply even after these Terms have expired or been terminated.

3. Warranty Disclaimer and Usage Limitations

3.1 Warranty Disclaimer

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, NeoTires, its licensors, and service providers disclaim all warranties, including but not limited to:

• Guarantees that the Services will be uninterrupted, error-free, secure, or timely.
• Accuracy, reliability, or error-free results obtained through the Services.
• Implied warranties of merchantability, fitness for a specific purpose, title, or non-infringement.

Use of the Services and any data obtained is at your sole risk. NeoTires disclaims responsibility for any loss, liability, or damages resulting from such use. Certain jurisdictions may not allow these exclusions, in which case they may be limited by applicable law.

3.2 Third-Party Services

NeoTires may enable you to connect with third-party services (“Third-Party Services”). By choosing to interact with these services, you consent to sharing relevant information, including personal data, with the third party. Once shared, the use of your data is governed by the third party’s privacy policy, not NeoTires’s.

Key points to note about Third-Party Services:

• Their functionality may change or discontinue.
• NeoTires is not responsible for the accuracy, safety, or reliability of Third-Party Services.
• You use such services at your own discretion and risk.
• NeoTires is not liable for any losses or damages resulting from your interaction with Third-Party Services.

4. Limitation of Liability

To the fullest extent allowed by law, NeoTires is not liable for any damages arising from the use of its Services, including but not limited to direct, indirect, incidental, punitive, or consequential damages. This limitation applies even if a specified remedy fails to fulfill its essential purpose. In jurisdictions where such exclusions are restricted, the limitation may not apply.

5. Indemnification

You agree to indemnify and defend NeoTires, its licensors, and service providers from any claims, damages, or costs arising from:

• (a) Your breach of these Terms.
• (b) Misuse of the Services.
• (c) Violations of applicable laws or regulations.

NeoTires may take over the defense of such claims at your expense, and you agree to cooperate fully. Settling any claim without NeoTires's written consent is prohibited.

6. Disputes and Arbitration

Any dispute or claim relating in any way to these Terms or your access or use of any Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Terms as a court would.

To begin an arbitration process, you must send a letter requesting arbitration and describing your claim to NeoTires. Your notice to NeoTires must:

• (a) provide your name, mailing address, and email address,
• (b) describe the dispute, 
• (c) state the relief you are requesting.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

NeoTires will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. NeoTires will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or the state (or province) where you purchased the Product.

6.1 No Class or Representative Actions

Both you and we agree that any dispute resolution will occur solely on an individual basis. Claims cannot be brought as part of a class, consolidated, or representative action. If, for any reason, a dispute is heard in court rather than arbitration, both parties waive the right to a jury trial. Additionally, either party may file a lawsuit in state or federal courts located in Bucks County, Pennsylvania, to prevent intellectual property rights violations or misuse.

6.2 Opt-Out Option

You have the right to opt out of the arbitration and class-action waiver provisions outlined in Section 6. To do so, you must send a written notice to NeoTires within 30 days of first accepting these Terms (or within a longer period if required by applicable law). Your written opt-out notice must be mailed to NeoTires. If you fail to submit your opt-out request as specified in this section, you agree to be bound by the arbitration and class-action waiver terms, including any updates to these provisions.

6.3 Rejection of Changes to Arbitration Terms

If NeoTires updates Section 6 (excluding address changes), you can reject those changes by sending a written notice within 30 days to the address listed in Section 6. Whenever you reject an update, the version of Section 6 in effect before the modification will apply. If you previously opted out of the arbitration and class-action waiver provisions within the initial 30-day period after accepting these Terms, no further action is needed to reject future changes to this section.

7. General Legal Terms and Contact Information

7.1 Updates to Terms

NeoTires reserves the right to modify these Terms at any time by publishing the updated version on its website. Such updates will take effect immediately upon posting unless a later date is explicitly stated. We may also notify you of these changes via the Services or email to the address linked to your account. If you disagree with the revised Terms, you must discontinue use of the Services and close your account. Continuing to use the Services after the updated Terms are posted signifies your acceptance of them.

7.2 Governing Law

These Terms, along with any claims, disputes, or issues arising from them or your use of the Products and Services, are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Pennsylvania, excluding its conflict of laws principles. Unless covered by an applicable arbitration agreement, you agree to submit to the jurisdiction of the state and federal courts in Bucks County, Pennsylvania, to resolve such disputes. However, NeoTires reserves the right to seek injunctive or equitable relief in any competent court to protect its intellectual property, and confidential information, or prevent data loss or server damage.

7.3 Notifications

NeoTires may need to reach out to you regarding these Terms or the Services. Communications may be sent via email to the address associated with your account or published on the website. You can contact NeoTires at:
NeoTires.com
651 N Broad St, Suite 205 #1233
Middletown 19709
United States
info@neotires.com

7.4 Entire Agreement

These Terms represent the complete agreement between you and NeoTires concerning the Services, superseding all prior discussions, agreements, and communications on the matter. Changes to these Terms can only be made through a written agreement signed by both parties.

7.5 No Waiver

Any waiver by NeoTires will only be effective if documented in writing. A delay or failure by NeoTires to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision, nor does it prevent subsequent enforcement.

7.6 Severability

Each section of these Terms operates independently. If any provision is deemed unenforceable or invalid under current or future laws, it will be revised to align with legal requirements while retaining its intent as closely as possible. If revision is not feasible, the provision will be severed, and the remainder of the Terms will remain fully enforceable.

7.7 Assignment

You may not transfer or assign these Terms or any related rights or obligations without prior written consent from NeoTires. NeoTires, however, may assign these Terms without restriction. These Terms bind and benefit permitted assignees.

7.8 Proprietary Rights

© 2020 NeoTires LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed within the Services are the exclusive property of NeoTires or their respective owners. You may not use these Marks without prior written consent from NeoTires or the applicable owner.

7.9 Export Compliance

The Services are subject to U.S. export laws and may also be governed by laws from other jurisdictions. You agree to adhere to all relevant export and import laws. Specifically, you affirm that:

• You are not a citizen, resident, or national of any country restricted by the U.S. (e.g., Cuba, Iran, North Korea, Syria, Sudan) or listed by the U.S. Treasury Department or Commerce Department as prohibited.
• You are not associated with or acting on behalf of individuals or entities on such restricted lists.
• You will not export or re-export the Services to restricted entities or countries or for purposes prohibited by U.S. law, including the development of weapons of mass destruction.

7.10 Government End Users

The Services consist of commercial computer software. If you are a U.S. Government agency or entity, usage, duplication, modification, or disclosure of the Services and associated documentation is restricted by the Federal Acquisition Regulation 12.212 for civilian purposes and the Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. All other uses are prohibited.