Home 5 Terms of Use

Terms of Use

1055420 Alberta Ltd. and each of its affiliates (collectively, “MyUsedTireHub“, “we,” “us,” “our“) welcomes you to myusedtirehub.com (the “Website“).

These Terms of Use sets out the terms and conditions on which we offer you access to and use of our Website, services, applications and tools (collectively, “Services“). The Services may be used by individuals around the world in accordance with these Terms of Use (each a “User“). By accessing the Website, you agree to comply with all of the terms and conditions contained in these Terms of Use, as well as any applicable laws, rules, and regulations.

The Website and the information contained therein (including changes to these Terms of Use) may be changed or updated from time to time without notice. It is your responsibility to check for such changes. We may revise, supplement or delete information, materials, services and/or the resources contained in the Website and reserve the right to make such changes without prior notification to past, current or prospective visitors. If you do not agree with any amendment you must stop using and accessing the Website.  Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. Although we believe this information to be correct at the time it is posted, we do not warrant the accuracy, completeness or currency of this information at all times and we cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or materials on 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.

 

  1. 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.

If you connect to the Services with a third-party service, you give us permission to access, store, and use your information from that service as permitted by that service and as may be further described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately.

  1. USE OF SERVICES

 

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. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of MyUsedTireHub’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.

While using the Website, you agree to comply with these Terms of Use, our policies, our terms, and all applicable laws, rules and regulations. You further agree not to:

  • 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.

 

  1. 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.

  1. 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.

  1. CONTENT

The Services contain information from us, you, and other Users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, or our copyrights and trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please contact us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use or the rights of any other party.

We may review User content to ensure the integrity of our services, but this does not change your obligations to us or to other Users. These reviews may include automated or other audits of your content to verify compliance with these Terms of Use and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these Terms of Use and applicable law.

  1. 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.

 

  1. 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.

 

  1. 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.

  1. 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.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations and the terms and conditions set out in these Terms of Use.

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.

  1. USER DATA

You may only use User data in accordance with these Terms of Use. You may only use a User’s data, content, or other information you receive from MyUsedTireHub in connection with your use of the Website (“User Data”) in accordance with (a) our applicable terms and policies, and (b) applicable laws, rules and regulations. To the extent there is a conflict between or among any of the above, the most restrictive term, policy, law or regulation shall apply. You may not sell or misuse User Data. Without limiting the generality of the foregoing, you may use User Data (i) to support the transactions arising from the User’s use of the Website or (ii) for any purpose for which you have obtained the valid consent of the User or otherwise have a legal basis. You may not engage in direct email marketing to Users unless the User has opted into receiving marketing emails from you.

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.

 

  1. INTELLECTUAL PROPERTY INFRINGEMENTS

You are not permitted to post content that infringes upon the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g., offering counterfeit items for sale). You agree not to post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use, our policies or of any party’s rights. Please contact us directly to report a listing that you believe to be infringing on your intellectual property rights. Only the owner of the intellectual property rights can report potentially infringing items or listings. We reserve the right to share, in accordance with applicable law, any reported information with the third party that originally posted the potentially infringing listing.

  1. 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.

  1. 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.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYUSEDTIREHUB OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

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.

  1. INDEMNIFICATION

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.

  1. PRIVACY

 

By using the Services, you agree to the collection, transfer, storage and use of your personal information by MyUsedTireHub as further described in our privacy policy. Our privacy policy can be accessed on our Website. We encourage you to review this document periodically.

 

  1. 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.

 

  1. SEVERABILITY

If any term or provision of these Terms of Use is deemed to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision to the extent permitted by law.

  1. GENERAL

 

MyUsedTireHub is headquartered in Alberta, Canada and the Website is controlled, operated and administered by MyUsedTireHub from Alberta, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Alberta, Canada, by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein (without reference to conflicts of laws principles).  You agree that any legal action or proceeding between you and MyUsedTireHub which in any way concerns these Terms of Use or the use of the Services or the Website, or any materials or information contained therein, shall be brought exclusively in the courts in Alberta, Canada.  Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against MyUsedTireHub or any of its affiliates relating to any such dispute and you also agree to opt out of any class proceedings against MyUsedTireHub or any of its affiliates.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.

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.

MyUsedTireHub’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

We may translate these Terms of Use into languages other than English for your convenience, but to the extent there are any inconsistencies or conflict between those translations and the English version, the English version will control to the fullest extent permitted under applicable law.

 

 

  1. 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