1055420 Alberta Ltd. and each of its affiliates (collectively, “MyUsedTireHub“, “we,” “us,” “our“) welcomes you to myusedtirehub.com (the “Website“).
You may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to, or accessible through, the Website. You may only use the Website for lawful purposes.
- ACCOUNT USE
In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. You will not transfer your Account to another party without our consent.
- USE OF SERVICES
- post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;
- infringe any third-party right;
- distribute or promote spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm MyUsedTireHub or the interests or property of the Website;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Website;
- manipulate the price of any item or interfere with any other user’s listings;
- copy, modify, or distribute any other person’s content;
- use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent; or
- bypass measures used to prevent or restrict access to the Website.
- ABUSE OF SERVICES
We may limit or terminate the use of our Services, remove hosted content and/or take technical and legal steps to keep Users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a User off the Website or not, we do not accept any liability for monitoring the Website or for any unauthorized or unlawful content on the Website or the unauthorized or unlawful use of the Website by Users.
- FEES AND SERVICES
We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and such fees may change from time to time. We will notify you of changes to our fee policy by posting such changes on the Website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for the Website to comply with its obligations under applicable law. To the extent that such information is not provided, we will, in our discretion, determine and collect appropriate taxes.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on the Website.
While many features of the Services are available across the Website and its associated mobile applications, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.
- COMMUNICATIONS THROUGH THE WEBSITE / E-MAIL
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. We are not liable for any damages related to communications to, or from, the Website. You agree with respect to any information provided by you to us through the Website or via e-mail that:
- we have no obligation concerning such information;
- the information is non-confidential;
- we may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
- LINKS TO THIRD PARTY WEBSITES
We do not control any third party website and therefore are not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. We provide such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or information contained therein and we do not make any representations regarding the privacy practices, content or accuracy of materials on such third party sites.
- INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.
We shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website. We recommend that you install appropriate anti-virus or other protective software.
- USER SUBMISSIONS
The Website may contain Interactive Functions allowing Users to upload submissions on or through the Website (“User Submissions“). None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other User of the Website.
You are responsible for applicable taxes relating to your listings and content. Even if we host and display your User Submissions, you are the seller of record and agree to comply with all applicable tax laws and ordinances. Except as otherwise provided in the Fees and Services, you are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for sales that result from your use of Commerce Features. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products or services.
- USER DATA
You will cooperate with us to help ensure User privacy. You will promptly notify us in writing when you become aware of a security incident or receive notice of any regulatory or enforcement inquiry regarding privacy or data security in connection with your use of the Website or User Data, unless you are otherwise instructed by a law enforcement or regulatory agency. You will cooperate with us in investigating and remediating a security incident and in responding to a regulatory inquiry or enforcement.
- INTELLECTUAL PROPERTY INFRINGEMENTS
- DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU AGREE NOT TO HOLD US RESPONSIBLE FOR THINGS OTHER USERS POST OR DO. YOU ALSO AGREE NOT TO HOLD US RESPONSIBLE FOR THE PAYMENT PROCESSING OF OTHER SERVICE PROVIDERS SUCH AS PAYPAL OR IBILL (EACH A “THIRD PARTY PAYMENT PROCESSOR”). FOR GREATER CERTAINTY, AS APPLICABLE, IF YOU LINK A THIRD PARTY PAYMENT PROCESSOR ACCOUNT TO YOUR WEBSITE ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT BY MAKING PAYMENTS THROUGH THE WEBSITE WITH THAT THIRD PARTY PAYMENT PROCESSOR, YOU ARE BOUND BY THAT THIRD PARTY PAYMENT PROCESSOR’S APPLICABLE TERMS AND CONDITIONS, AND WE ARE NOT LIABLE FOR ANY LOSS, CLAIMS OR DAMAGES HOWSOEVER ARISING IN CONNECTION WITH THAT THIRD PARTY’S SERVICES. AS MOST OF THE INFORMATION ON THE SERVICES COMES FROM OTHER USERS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, EFFICACY OR TIMELINESS OF ANY POSTINGS OR USER COMMUNICATIONS OR THE QUALITY, SAFETY, OR LEGALITY OF WHAT IS OFFERED. WE ALSO CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES. NOTIFICATION FUNCTIONALITY IN OUR SERVICES MAY NOT OCCUR IN REAL TIME. SUCH FUNCTIONALITY IS SUBJECT TO DELAYS BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, DELAYS OR LATENCY DUE TO YOUR PHYSICAL LOCATION OR YOUR WIRELESS DATA SERVICE PROVIDER’S NETWORK. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE. WE ARE NOT LIABLE FOR ANY LOSS, WHETHER OF MONEY (INCLUDING PROFIT), GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
AS ABOVE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.
DESPITE THE PREVIOUS PARAGRAPH, BY USING OUR WEBSITE, YOU AGREE THAT IF WE ARE FOUND TO BE LIABLE FOR ANY LOSS, CLAIM OR DAMAGES IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, ARISING IN ANY MANNER WHATSOEVER, OUR TOTAL MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless MyUsedTireHub and its affiliates and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
- PROPRIETARY RIGHTS
The materials and information contained in the Website are protected under the laws of Canada. Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Website may constitute trademarks, service marks or trade names of MyUsedTireHub, TireBoys or other entities. The display of trademarks, service marks or trade names on the pages of the Website does not imply that a license of any kind has been granted to anyone else. Except as specifically set out herein, you may not use any such trademarks, service marks or trade names in any manner whatsoever.
MyUsedTireHub makes no representation that access to the Website, or that the information contained therein, is appropriate or legal in all jurisdictions. You may not access the Website or use any information in those jurisdictions where it would be illegal. In any case, your access to the Website is entirely at your own initiative and you are responsible for ensuring that all applicable laws, rules and regulations are complied with.
- CONTACT INFORMATION:
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
1055420 Alberta Ltd.
Suite 1444, 5328 Calgary Trail NW
Edmonton, AB T6H 4J8
LAST UPDATED: October 1, 2023