Last Updated: November 21, 2024
1. Terms
By accessing the website at https://fortunetireusa.com, you are agreeing to be bound by these Terms of Use (these “Terms”) and all applicable laws and regulations and you agree that you are responsible for compliance with any applicable local laws. It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS. The materials contained in this website are protected by applicable copyright and trademark law.
We provide our Site and Services to the user (“you”) for your informational, noncommercial use, and subject to these Terms. Using the Site to evaluate whether to enter a business relationship with us will not constitute a commercial use for the purposes hereof.
Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions.
2. Use License
Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Permission is granted to temporarily download one copy of the materials (information or software) on Fortune Tire’s 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 our Site;
- remove any copyright or other proprietary notations from the materials;
- upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation (commercial or non-commercial);
- transfer the materials to another person or use framing to “mirror” the materials on any other server;
- use any robot, spider, scraper, or other automatic or manual means to access our Site or copy any content or information on our Site;
- access and use the Site on devices that you do not own or control or devices where you do not have all necessary permissions and rights to use the Site;
- remove, obscure, or alter any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors;
- modify, adapt, improve, enhance, or make any derivative work from the Site;
- disable, overburden, impair, or otherwise interfere with or interrupt the Site or any hardware, software, system, or network connected with the Site;
- probe, scan, or test the vulnerability of or breach the authentication measures of the Site or any related networks or systems;
- interfere with any other party’s use and enjoyment of our Site;
- infringe the copyright, trademark, or any proprietary rights;
- disseminate viruses or other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware;
- attempt to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or
- accesses systems, data, or information that we do not intend to be made accessible to you.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fortune Tire 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.
You acknowledge that these Terms are concluded between you and us only, and not Apple Inc. or Google LLC (collectively, the “App Providers”).
3. No Warranties; Limitations
The materials on Fortune Tire’s website are provided on an “as is” and “as available” basis. Fortune Tire makes no warranties, expressed or implied. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Further, we make no warranty as to the accuracy, likely results, completeness, or currency of our Site, any information on our Site, or any sites linked to this Site. The materials appearing our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete, or current. We may make changes to the materials contained on its website at any time without notice; however, we do not make any commitment to update the materials. You are responsible for verifying any information you obtain from our Site before relying on it. Use of our Site is at your sole risk. We make no representations or warranties that use of our Site will be uninterrupted, completely secure, virus-free, or error-free. Except as expressly set forth in Section 8 below, your sole and exclusive remedy relating to your use of our Site shall be to discontinue using our Site.
4. Privacy Policy
You may view a copy of our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with our Site, here: https://fortunetireusa.com/privacy-policy/. Our Privacy Policy is incorporated into these Terms and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Site.
5. Cookie Policy
We use cookies to learn about users and help improve your experience of our Site. Our Cookie Policy is part of our Privacy Policy and these Terms and covers the use of cookies between your device and our Site. You may view a copy of our Cookie Policy here: https://fortunetireusa.com/cookie-policy/.
You can choose not to allow certain types of cookies; however, doing so may negatively impact your experience using our Site, as some features and functions may not work properly. You cannot opt out of Essential Cookies, as they are deployed to ensure the proper functioning of our website. Read our Cookie Policy to find out more and change the settings according to your preferences.
6. Trademarks
All trademarks, service marks, and logos that are used or displayed on our Site are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks, or logos used on our Site may be a violation of state, national, and international trademark laws. Additionally, our custom icons, graphics, logos, and scripting on our Site may be covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without our prior written permission.
7. Violation of Rules and Regulations; Disclosure of Information
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and any rules and regulations set forth on our Site, including the right to block access to our Site. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.
8. Limitations
In no event shall Fortune Tire or its 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 our Site, even if Fortune Tires, its affiliates, or an authorized representative has been notified orally or in writing of the possibility of such damage.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH OUR SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF OUR SITE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF OUR SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SITE; OR (3) VIRUSES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED OUR SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS. BY ACCESSING OUR SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
9. Indemnity
You agree to indemnify, defend, and hold Us, as that term is defined in our Privacy Policy, and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of our Site; (ii) your violation of these Terms; (iii) your negligence, fraud, or willful misconduct; (iv) your Account; (v) your failure to obtain proper consent from third party users of our Site related to any collection of personal data; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
Further, you acknowledge that the data, information, alerts, reporting, reviews and recommendations, if any, provided by our Site are for informational purposes only and should not replace any routine practices or your personal or business judgement regarding our Site. You are responsible for all actions (or inactions) in response to any such data, information, alerts, reporting, recommendations and the like. We shall not be liable for any damage or loss related to such reliance. You agree to defend and indemnify us for any third-party claim, loss, or lawsuit filed against us relating to any data, information, alerts, reporting, reviews and recommendations provided by our Site to you during the Term.
10. Third-Party Sites and Links
Some links on our Site may navigate you away from our Site or redirect you to other websites, including websites operated by third parties. The linked third-party websites are not under our control, and the content available on the linked third-party websites does not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third-party website or the opinions expressed therein. We have not reviewed all of the sites linked to our Site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Us of the site. Use of any such linked website is at the user’s own risk. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect information from or about you as well as about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites.
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked is at your own risk. We are under no obligation to maintain any link on our Site, and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
11. No Fiduciary Relationship
Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and Us, as that term is defined in our Privacy Policy. These Terms do not create any relationship of principal and agent, partnership, joint venture, franchise, or employer and employee, between you and Us. You may not enter into any contract on our behalf or bind Us in any way.
12. Right to Monitor
We reserve the right to actively monitor the use of our Site and to use any information gathered during such monitoring for any permissible purpose under our Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from our Site that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for our Site.
13. Email, SMS/Text and Other Communications; Notice
You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. We will communicate with you by mail, e-mail or telephone at the addresses or phone numbers we have on file for you (if any), send you messages through the mobile application we provide (if any), or post notices on our Site. Further, we may offer you the chance to enroll to receive recurring SMS/text messages from Us about account-related news and alerts and/or marketing and promotional offers for Fortune Tires products and services. By enrolling in our SMS/text messaging service (if any), you agree to receive text messages from Us to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that standard message and data rates may apply. Consent is not required as a condition of purchase. We are not responsible for any delays upon sending or receiving text messages. To unsubscribe from text messages at any time, reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any text message you receive from us. Alternatively, you may text STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to the short codes listed below to opt-out of specific text messaging programs. You consent that following such a request to unsubscribe, you may receive one final text message from Us confirming your request. For help, contact us at info@prinx.us.com.
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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Fortune Tires is 100 North Barranca Street, Suite 1000, West Covina, CA 91791. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.
14. Use Outside of the United States or Canada; Choice of Law; Waiver of Jury Trial
Our Site is operated by us from our offices within the United States of America and Canada. We make no representation that the information on our Site is appropriate or available for use in other locations, and access to our Site from territories where the contents of our Site may be illegal is prohibited. Those who choose to access our Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using our Site, regardless of where you live or are in the world, you consent to these Terms. Any claims relating to these Terms or the information, services, or products made available through our Site will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. You agree to irrevocably submit to the exclusive and personal jurisdiction of the federal and state courts located in California for any actions relating to these Terms or the information, services, or products made available through our Site.
With respect to all persons and entities, regardless of whether they have participated in our services for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Us are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
15. Time Limit on Claims Against Us
You agree that any claim that you may have arising out of or related to your use of our Site or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
16. Severability and Waiver
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
17. Assignment
We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent and any assignment in violation of this prohibition will be null and void.
18. Our Remedies
You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
19. Modifications
We may revise these Terms, our Site, or our services at any time without notice. Modifications will be posted on the Site and the “Last Updated” date at the top of the Terms will be revised. By using this Site you are agreeing to be bound by the then-current version of these Terms.
20. Contact Us
If you have any questions or requests in connection with these Terms, please send an email to info@prinx.us.com.
Alternatively, inquiries may be addressed to:
Fortune Tires
100 North Barranca Street, Suite 1000,
West Covina, CA 91791
Please include as much detail as possible about your concern, question, or request. Messages that cannot be understood or do not present a clear request, may not be addressed.