- 1.Information Provided by You
- 2.Order and Products Availability
- 3.Order Cancellation or Account Termination
- 7.Vehicle Inspection Disclaimer
- 10.Intellectual Property Rights
- 12.Force Majeure
- 13.Title and Risk of Loss
- 14.Returns & Refunds
- 15.Limitation of Liability
- 16.Warranty Information
- 17.Governing Law
- 18.Binding Arbitration
- 19.No Class Actions
- 21.Waivers and Amendments
- 22.Intended Use
1.Information Provided by You
getTREAD provides the Services based on vehicle information provided by you. To provide you with the best experience possible, we need the most accurate information from you. Inaccurate information may result in a delay of Services or in getTREAD’s inability to provide Services to you. When in doubt, please contact us prior to placing an order. If at the time Services are being provided to your vehicle, we decide that other and/or additional products or services are necessary to properly perform the Services on your vehicle, your order will be changed before we continue with the Services. A change in the Services, may result in a change of fees to you.
2.Order and Products Availability
getTREAD sells third-party products to you. The features, content, specifications, products, services, and prices and availability of products and services described or depicted on the Website are subject to change at any time without notice. The prices advertised on the Website for the products and Services may not include installation, shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. Services are always subject to product availability.
Orders are not binding upon getTREAD until the Services are complete. We reserve the right to refuse any order you place with us. We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to discontinue any product or service at any time. We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. Any offer for any product or service made on the Website is void where prohibited. getTREAD requires that you have your wheel-lock key available at the time Services are provided to you. Acceptance of Buyer’s orders shall be communicated to Buyer on the Website, via text message, phone call or via electronic mail at the address provided by the Buyer. Verification of information may be required prior to the acceptance of any order.
3.Order Cancellation or Account Termination
In the event you need to cancel an order, getTREAD encourages you to make cancellations 24 hours before the appointment time. Cancellations less than 24 hours before the appointment time are charged a cancellation fee of $30.00. In the event Buyer cancels products and/or service for which parts have been specially ordered and obtained, getTREAD may charge a handling fee or require full payment in getTREAD’s sole discretion.
You agree to treat our employees and third-party providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations.
getTREAD reserves the right to cancel your order or refuse Services to You at anytime for any reason. In the event an order is canceled by getTREAD, no cancellation fee will be charged to You. We may terminate or suspend your right to use the Services at any time without reason, or with reason by providing you with verbal or written notice of such termination to the physical or email address you have provided us. Termination will be effective immediately upon such notice. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, getTREAD may delete the account and all the information in it.
getTREAD accepts valid Visa, MasterCard, American Express and Discover credit cards. Buyer’s credit card will be charged in full when Buyer’s order is processed. The Services will not be provided until full payment is received. Charges will be inclusive of applicable taxes where required by law.
We use third-party payment card processing companies to process payments in connection with the Services. These third-parties have committed to getTREAD to process your payment card information in a secure, PCI compliant manner. Your payment card information is processed and retained by these third-parties and will not be passed on to getTREAD, in addition we do not store your payment card information.
Interest at the rate of 1.5% per month (or the maximum allowed by law, if less) will accrue on all past due amounts until such amounts, including accrued interest, are paid in full. Buyer shall reimburse getTREAD for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.
It is Buyer’s responsibility to provide accurate contact information that allows getTREAD to deliver the products and perform the Services at the address and time you specify. Once your order is processed, getTREAD will make every reasonable effort to provide the Services to you within your selected timeframe. We are not responsible or liable for any delay in providing the Services that is caused by an event beyond our reasonable control. You may not pick up products directly from us.
If for any reason you fail to accept delivery of any of the Services on the scheduled appointment time and date without prior notice to getTREAD, or if getTREAD is unable to deliver the Services at the delivery point on such date because you have not provided appropriate instructions, documents, licenses, or authorizations, or because you are not at the delivery point at the scheduled appointment time and date the Service shall be deemed to have been delivered.
You represent and warrant that you have permission to allow the authorized installer to deliver the products and perform the Services at the location you provide to us. The installer, in the installer’s sole discretion, may delay the delivery of products or the performance of Services if the installer determines the location selected by you is not suitable for the performance of Services.
Installation prices as listed on the Website cover most vehicles with standard equipment.
- We reserve the right to require additional fees at the point of the Services to accommodate for customized vehicles or to accommodate for pre-existing vehicle conditions (such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of delivery).
- We provide the Services based on selections you made by either (1) indicating your vehicle year, make, model, and trim, or (2) selecting a specific tire size by width, profile, rim, and speed. We cannot be held responsible for tires that are improperly sized or rated for your individual vehicle. In the case of incorrect product selection, the installer may refuse to install products for your safety. Re-stocking fees may be applied for product returns.
- Wheel sizing for products purchased on the Website are based on information provided by you and are based on OE factory specifications. If your vehicle is highly customized and/or has raised or lowered suspension, we cannot guarantee the fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment.
- All vehicles manufactured after September 2007 have Tire Pressure Monitoring Systems (“TPMS”). Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires. getTREAD has attempted to include this cost into getTREAD’s prices listed on the Website; however, in the event this cost has not been included, there may be an additional charge.
- getTREAD cannot guarantee the completeness and accuracy of the information provided on the Website.
- Some states have graduated tire disposal fees. We try to include these fees into our prices listed on the Website; however, in the event those fees have not been included, it may be necessary to charge additional state-mandated disposal fees at time of installation.
- Installation prices on the Website are subject to change at any time, with or without notice to you.
Buyer agrees that getTREAD has no responsibility at law or equity for acts and/or omissions related to the installation of the products and/or services.
7.Vehicle Inspection Disclaimer
The Services provided by us to you, do not include, nor do they obligate us, to inspect your vehicle for any damage or defects. getTREAD and its installer will not be liable for any damage or defect not found during the performance of Services.
Notwithstanding the foregoing, if getTREAD or its authorized installer identifies, in its sole opinion, a defect in your vehicle that renders your vehicle unsafe, we reserve the right to refuse to perform any services on your vehicle. Where getTREAD or its authorized installer identifies such a defect, you will be notified accordingly. In the event that you disregard our notification of such defect and instructs us or our authorized installer to complete the installation despite such notification, you will acknowledge your receipt of such notification on the Customer Acknowledgement and Waiver of Liability provided by the authorized installer, which will relieve us and/or our authorized installer of all liability in connection with the Services provided to you.
When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By consenting to being contacted by getTREAD, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of getTREAD.
You may opt out of receiving text (SMS) messages from getTREAD at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. We may in real time store call data, including the date and time of the call or text (SMS) message, the phone numbers, and the content of the text (SMS) messages. You agree to our use and disclosure of this call data for its legitimate business purposes. getTREAD may send you confirmation and other transactional emails regarding the Services. We may also send you emails about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
getTREAD may, in its sole discretion, create promotional codes or credits that may be redeemed for credit, or other features or benefits related to the Services, subject to any additional terms that getTREAD establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes and credits: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by getTREAD; (iii) may be disabled by getTREAD at any time for any reason without liability to getTREAD; (iv) may only be used pursuant to the specific terms that getTREAD establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. getTREAD reserves the right to interpret how the Promo Codes or credits will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that getTREAD determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
10.Intellectual Property Rights
Unless otherwise noted, the Website and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Website (collectively, the “Content”) are intellectual property owned, controlled or licensed by getTREAD. Nothing on the Website is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Website without the prior written permission of getTREAD. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Website or any Content. Any rights not expressly granted herein are reserved by getTREAD and/or its third-party providers.
getTREAD respects the intellectual property of others. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to getTREAD a properly submitted copyright notice as indicated below, getTREAD will investigate, and if it determines, in its discretion, that the material is infringing, getTREAD will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed. (All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that getTREAD may locate it; (iii) the complete name and full contact information including an e-mail address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; and (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed. getTREAD’s contact information for notice of alleged copyright infringement is via email: business@getTREAD.com or via mail: Attn: getTREAD, 1540 International Pkwy, Suite 2000, Lake Mary, FL 32746. getTREAD will respond to properly submitted notices of alleged copyright infringement that comply with applicable law.
You hereby agree to indemnify, defend, and hold harmless getTREAD and its employees, contractors, owners and other affiliates from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or inability to use the getTREAD Website, and/or the Services, (ii) your violation of these Terms, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another and (v) your information and content that you submit or transmit through to getTREAD. getTREAD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of getTREAD.
Any delay in the availability of the Service or the performance of Services will not be considered a breach of these Terms if such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers, act of God, or any other event beyond the control of getTREAD or a third-party provider.
13.Title and Risk of Loss
When we provide the Services, the loss of risk on products passes from us to you. Upon delivery and installation, you are responsible for any loss or damages to products. We shall not be liable for any claims, damages or injuries caused by your negligence, or the misuse of any of our Services. getTREAD or its authorized installer retains all right, title, and interest in and to the ordered products until the products and/or Services have been installed.
14.Returns & Refunds
getTREAD provides a money-back satisfaction guarantee on installation/services for a period of 30 days from the scheduled service. During that time getTREAD will redo any service work which is professionally inspected and determined to need redo. Any issues with products will be handled by the product manufacturer and their respective warranty/guarantee specifications and procedures. Returns on products must be submitted within 7 days of purchase order and be returned without defects. Product returns will be charged a restocking fee of $25/tire and related service fees to be determined depending on the circumstances.
15.Limitation of Liability
To the maximum extent allowed by law, getTREAD shall not be liable for any special, consequential, exemplary, or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to the website, these terms, product(s), services (including installation), or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability), or otherwise. in no event will the collective liability of getTREAD exceed the amount buyer has paid to getTREAD for the applicable order or product out of which liability arose. the prices of products and services advertised on the website are subject to change, and products and services are provided on an “as-is” and “as-available” basis.
Any time a product sold to you has a manufacturer’s warranty, that warranty is included in your purchase price. Warranty claims should be made directly with the manufacturer, we are happy to assist in the warranty process however we can. Tire road hazard warranty maybe purchased as an add-on via the APEX membership and maybe included in your purchase price of select products. All services are backed with our standard 30 day satisfaction guarantee. Other than applicable road hazard, manufacturers’ or service warranties, there are no warranties, express or implied.
These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to Delaware’s choice of law provisions, applicable to contracts made and to be enforced wholly within such state.
Any claim or dispute relating in any way to your purchase of any getTREAD product or service or these terms shall be submitted to confidential arbitration, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. Arbitration would remove your right to litigate a claim in court or to have a jury trial on that claim. Other rights that you would have in court may not be available in arbitration. It is important that you read this provision carefully before accepting these terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms, these Terms shall control. You can obtain procedures, rules, and fee information from the AAA at http://adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Jackson County, Missouri. Missouri state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
19.No Class Actions
To the extent allowed by law, buyer and getTREAD each waive any right to pursue disputes on a consolidated or classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You understand that by agreeing to this class action waiver, you may only bring claims against getTREAD in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
The headings and captions of these Terms are provided for convenience only and are intended to have no effect in construing or interpreting these Terms. If any term or provision of these Terms is held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
21.Waivers and Amendments
The waiver by either party of any provision of these Terms on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms on any other occasion or upon any other circumstances. These Terms may be waived or amended only in a writing signed the parties.
The Website is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms.