Terms of Use
Please read these terms of use (“terms of use”, “agreement”) carefully before using the Momentum Tire & Car Care (MTCC) website (“website”, “service”) operated by Momentum Tire & Car Care Company. This terms of use agreement governs your access and use of: (a) this website (“Site”), and (b) services available through the Site (“Web Apps”) (collectively, the “Services”), for use in connection with purchasing products (“Products”) made available by MTCC.
Conditions of Use
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. MTCC only grants use and access of this website, its products, and its services to those who have accepted its terms.
Subject to your continued compliance with these Terms, MTCC makes available to you a non-exclusive, non-transferable, and non-sublicensable right to access and use the Services online. MTCC reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, or suspend or stop the Services altogether, at any time, and without prior notice to you. You agree that MTCC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part of the Services.
Privacy Policy
Before you continue using our website, we advise you to read our privacy policy. It will help you better understand our practices.
Age Restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. MTCC assumes no responsibility for liabilities related to age misrepresentation.
Intellectual Property
You agree that all materials, products, and services provided on this website are the property of MTCC its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the MTCC intellectual property in any way, including electronic, digital, or new trademark registrations. You grant MTCC a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
User Accounts
As a user of this website, you may be asked to provide us with private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your purchase activity. If you think there are any possible issues regarding the security of your personal information on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate account activity, edit or remove content and cancel orders in our sole discretion.
Applicable Law
By visiting this website, you agree that these Terms, and any claim, dispute, action, or issue arising out of or relating to these Terms or your use of the Products and Services is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of North Carolina without reference to conflict of laws principles. Notwithstanding the foregoing, MTCC may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated as governed by the laws of the State of North Carolina and you consent to exclusive jurisdiction and venue of such.
Indemnification
You agree to indemnify MTCC and its affiliates and hold MTCC harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on Liability
MTCC is not liable for any damages that may occur to you as a result of your misuse of our website. MTCC reserves the right to edit, modify, and change this Agreement any time. Agreement is an understanding between MTCC and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
Entire Agreement
These Terms are the complete and entire understanding and agreement between MTCC and you regarding the Services and supersede all previous or contemporaneous written and oral agreements and communications relating to the subject matter of these Terms, all of which are merged into these Terms. These Terms may not be modified or amended except in a writing signed by MTCC and you.
Severability
Each provision in these Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from these Terms, and all the remaining provisions of these Terms will continue in full force and effect.
Proprietary Rights
Copyright © 2024 Momentum Tire & Car Care Company (dba Momentum Tire & Car Care/MTCC). All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of MTCC or of their respective owners. You are not permitted to use any of the Marks without the applicable prior written consent of MTCC or such respective owners.