1. Terms Welcome to www.clarksapplianceandtire.com. By accessing this website, you are agreeing to be bound by this TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use or access this website. The materials contained in this website are protected by applicable copyright and trademark law. An important function of this TOU is to alert you that the data presented on this website is not warranted or otherwise guaranteed. Please read this information carefully. You should check for changes to the TOU each time you visit the site. Clarks Appliance & Tire and/or Clarks Appliance & Tire’s service provider (“Net Driven”) may make changes to the TOU at any time. When you communicate through the website, personal information shall be used by Clarks Appliance & Tire and Net Driven in accordance with the Privacy Policy, incorporated herein. 2. Use License Net Driven grants permission to temporarily download one copy of the materials (information or software) on the 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: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse-engineer any software contained on the website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. Net Driven’s licensed applications and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Unpublished rights are reserved under the copyright laws of the United States and Canada. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Net Driven at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Disclaimer The materials on THE website are provided "as is". NEITHER Clarks Appliance & Tire NOR Net Driven makeS ANY warranties, express or implied. Clarks Appliance & Tire AND Net Driven hereby disclaim and negate 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. Further, NEITHER Clarks Appliance & Tire NOR Net Driven WARRANTS NOR makeS any representations concerning the accuracy, likely results, or reliability of the use of the materials on THE website or otherwise relating to such materials or on any sites linked to the website. 4. Limitations In no event shall Clarks Appliance & Tire, Net Driven or their 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 the website, even if Clarks Appliance & Tire, Net Driven or an authorized representative of either company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 5. Revisions and Errata The materials appearing on the website could include technical, typographical, or photographic errors. The information contained within this website comes from a variety of sources and includes information that is subject to change without notice. Clarks Appliance & Tire and Net Driven strive to ensure that the information is accurate, complete and up-to-date, but neither Clarks Appliance & Tire nor Net Driven can guarantee and do not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this website is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of Clarks Appliance & Tire and Net Driven. Therefore, you must independently verify the accuracy of any information presented on the website. 6. Links Neither Clarks Appliance & Tire nor Net Driven has reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the linked site by either Clarks Appliance & Tire or Net Driven. Use of any such linked website is at the user's own risk. 7. Terms of Use Modifications Clarks Appliance & Tire and Net Driven reserve the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of the services. Such modifications and additional terms and conditions will become effective immediately and incorporated into this TOU, but will be posted prominently to be reviewed by returning visitors. Your continued use of Clarks Appliance & Tire’s services and Net Driven’s services will be deemed acceptance thereof. However, neither Clarks Appliance & Tire nor Net Driven makes any commitment to update the materials. 8. Governing Law and Venue Any claim(S) relating to THE website shall be governed by the laws of the COMMONWEALTH OF PENNSYLVANIA without regard to its conflict of law provisions. THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE STATE COURTS LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS OF LAW, THE UNITED STATES DISTRICT COURT(S) FOR THE COMMONWEALTH OF PENNSYLVANIA. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. 9. Children’s Online Privacy Protection In accordance with the Children’s Online Privacy Protection Act of 1998, Net Driven will not knowingly collect personal information from a child under the age of thirteen (13). If Net Driven learns that it has collected information from a child under the age of thirteen (13), Net Driven will take the necessary steps to delete the information as soon as possible. 10. Data Usage Our Website presents data and information related to tire and possibly other automotive component size and fitment (the “Data”). You acknowledge that we have received the Data from a third-party source and its suppliers (together, the “Suppliers”). The Suppliers have no obligation to furnish any support or information relating to any Data and shall be recognized as third party beneficiaries under these Terms of Use. You are granted a personal, nontransferable and nonexclusive right to access, display and use individual Data Lookups solely for your own personal use. A “Data Lookup” is the Data associated with a particular vehicle, as typically described by make, model and year, or in some cases, the Data associated with a particular tire size or wheel size or a specific tire line or wheel line within one individual brand of tires or wheels. Except as expressly authorized in these Terms of Use in each case, you will not, nor will you suffer or permit any other party, directly or indirectly, to: use, display, grant access to, or make copies of or derivative works from the Data or any portion thereof; or sell, lease, license, sublicense or otherwise transfer or dispose of the Data, or any portion thereof, in any manner or to any party. You will not reverse compile, reverse engineer, or disassemble any portion of our Website that accesses, compiles, retrieves, displays, or otherwise manipulates or uses any of the Data. You will not use any robot, spider, scraper, or other automated means to access the Data or any part thereof. No right, title or interest in any patent, trademark, copyright, trade secret, or any other intellectual property or proprietary rights in any Data are transferred to you. The Suppliers and its sources are the sole owners of all such right, title and interest. Warning: All Data and other information are believed to be reliable, but neither we nor the Suppliers make any representation or warranty with respect to the completeness, quality, adequacy, reliability, accuracy, merchantability or fitness of the Data for any particular use or purpose. WE AND THE SUPPLIER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, QUALITY, RELIABILITY, ADEQUACY, AVAILABILITY OR COMPLETENESS OF THE DATA OR THE SUITABILITY OF THE DATA FOR ANY USE OR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DATA IS PROVIDED “AS IS,” AND WITHOUT WARRANTY OR GUARANTEE, AND ALL WARRANTIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES AND GUARANTEES. WE DO NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RISK RELATED TO THE DATA AND ITS USE AND MISUSE AND WILL TAKE ALL ACTION NECESSARY OR DESIRABLE TO PROTECT YOURSELF AND ALL OTHER PERSONS AGAINST ANY FAILURE OF THE DATA TO BE ACCURATE, RELIABLE, ADEQUATE, COMPLETE, MERCHANTABLE, OR FIT FOR ANY PARTICULAR USE OR PURPOSE. Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you. TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE INDEMNITEES (AS DEFINED BELOW) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW) INCURRED BY ANY OF THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO: THE DATA, OR ANY USE OR MISUSE THEREOF, OR ANY FAILURE OF ANY OF THE DATA TO COMPLY WITH ANY STANDARD OF CARE, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, ADEQUACY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE; OR YOUR VIOLATION OF ANY OF THESE TERMS OF USE; OR YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES. We will notify you promptly of any such liability, demand, claim, recovery, settlement, action, penalty, cost, loss, defense costs, or damages, and will provide you with reasonable assistance, at your expense, in defending the same. We may assume exclusive control of any defense or any matter subject to indemnification by you at your expense if we determine that your defense is not adequate, and you agree to cooperate with us in such event. The term “damages” (and “DAMAGES”) includes direct, indirect, consequential, incidental, special or other damages related to injury to (including death of) you or any other person, damage to or loss of any property, loss of consortium, loss of opportunity or business or contractual relationship, violation of any right to privacy, defamation of character or reputation against any person, product or other object, mental distress or anguish, loss of use or profits, attorneys and expert fees, arbitrator fees, court and arbitration costs, and all other related fees, expenses, and costs through any appeal, lost profits, business interruption and loss of computer programs or other data, cost of cover, and any and all other types of claims and damages of every kind, nature, and description. The “Indemnitees” (and “INDEMNITEES”) are us and the Suppliers, and our and the Suppliers’ affiliates, managers, members, shareholders, officers, directors, employees, contractors, agents, sources, licensors, insurers, successors, assigns and representatives. IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES (AS DEFINED ABOVE) ARISING OUT OF OR IN CONNECTION WITH THE DATA OR ANY USE OR MISUSE OF THE DATA, EVEN IF ANY OF THE INDEMNITEES ARE EXPRESSLY ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES OR ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS. The limitations on the liability of the Indemnitees in these Terms of Use are intended to be as broad and inclusive as is permitted by the laws governing these Terms of Use. If applicable law limits the application of the provisions of these Terms of Use, our liability and the liability of the Suppliers will be limited to the maximum extent possible. The parties hereby agree that this provision shall be severable as to each item or element of damages, and if any such limitation on the Indemnitees’ liability for damages or the application of such limitation to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of such limitations on Indemnitees’ liability for damages, or the application of such limitations to parties or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability. You acknowledge that the economic terms of these Terms of Use reflect the foregoing allocation of risk and such allocation of risk is a significant inducement for us to provide you with the Data. Net Driven Contact Information: Address: 201 Lackawanna Avenue, Scranton, PA 18503 Website: www.netdriven.com Copyright © 2007-2021 Terms of Use | Privacy | Accessibility | Sitemap CONTACT US