TERMS OF USE: Please carefully read the following terms of use (“Terms of Use”) because these Terms of Use are a legal agreement between you and Sailun Tire Americas Inc. (“Sailun Tire Americas Inc.” “we” “us” or “our”). These Terms of Use govern our relationship with you with respect to your access and use of the website www.roadxtires.ca and the features, tools, materials, products and services available on the website (collectively, the “Site”). By accessing this Site, you agree to be bound by these Terms of Use and represent that you have read our Privacy Statement.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR DO NOT WANT YOUR DATA PROCESSED AS SET FORTH IN THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

ABILITY TO ACCEPT TERMS: You affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

CHANGES AND AMENDMENTS: These Terms of Use may be updated from time to time. When Sailun Tire Americas Inc. makes a change, we will post them here. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last posted version. You agree to periodically review these Terms of Use in order to be aware of any such modifications. Continued use of this Site after any such changes shall constitute your continued acceptance of these Terms of Use. If at any time you do not agree to these Terms of Use, please do not use this Site.

If you are an individual consumer residing in Quebec and have created an Account with us, we will notify you by e-mail or otherwise of any changes to these Terms of Use at least thirty (30) days before the change comes into force. Any provision of these Terms of Use may be changed unilaterally. The notice of change will be drawn up clearly and legibly, setting out exclusively the new clause, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and your right to termination. Your continued access to the Site constitutes your acceptance of the changed terms. If you do not accept the change, you must cease using the Site and your Account. At our discretion, we may also ask you to confirm your acceptance of any change by electronic click. If the changed terms result in an increase in your obligations or a decrease in our obligations, you may send us a notice thirty (30) days after the amended terms come into effect to indicate your rejection of the amended terms and to request termination by closing your Account. Your Account will be closed without charge or penalty upon receipt of this notice.

PRIVACY: We respect your privacy. Please read our Privacy Statement carefully since it describes, among other things, how we collect, use, share, transmit, process, transfer, store and secure information obtained when you access and use our Site.

USE: We hereby grant you permission to use the Site as set forth in these Terms of Use, provided that: (i) you will not copy or distribute any part of the Site in any medium without our prior written authorization or as otherwise permitted by these Terms of Use; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use.

We grant you a limited, non-exclusive, non-transferrable, non-sublicensable license to access, copy, download and print a reasonable number of copies of the content contained on the Site for your personal and non-commercial use in accordance with these Terms of Use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site is expressly prohibited.

The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms of Use. Sailun Tire Americas Inc. reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever.

In addition to the other terms set out in these Terms of Use, you or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use the Site to collect or harvest any personal information, (iii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iv) disable, “hack”, interrupt or attempt to interrupt the operation of the Site or otherwise interfere with the proper functioning or security features of the Site in any way; (v) frame this Site or use Sailun Tire Americas Inc.’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without duly authorized prior written consent from an authorized representative of Sailun Tire Americas Inc.; (vi) upload or transmit any communications or content of any type on the Site that may infringe or violate any rights of any party; (vii) use the Site for any purpose in violation of local, provincial/state, national or international laws or to solicit others to perform or participate in any unlawful acts; (viii) submit false or misleading information to the Site; (ix) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (x) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including “scraping,” monitoring, or copying any of the material on the Website, or training artificial intelligence models; (xi) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (xii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (xii) attempt to gain unauthorized access to any parts of the Site.

Sailun Tire Americas Inc. reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time, for any reason, without notice.

INTELLECTUAL PROPERTY: 

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio/video clips, downloads, interfaces, material, information, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Sailun Tire Americas Inc., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Sailun Tire Americas Inc. or its licensors or content providers, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a non-exclusive limited license that is revocable at any time in Sailun Tire Americas Inc.’s sole discretion. Sailun Tire Americas Inc. neither warrants nor represents that your use of content on this Site will not infringe rights of third parties.

All of the Sailun Tire Americas Inc. trademarks, trade names, logo, slogan, service marks, service names, product names and/or images, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Sailun Tire Americas Inc. and or its subsidiaries, affiliates, related entities or suppliers, vendors, partners or licensors. All other trademarks, trade names, logos, slogans, services marks, service names, product names and or/images, and intellectual property, as used or referenced in the Site, are the property of their respective owners.

Except as expressly set forth in these Terms of Use, You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by Sailun Tire Americas Inc. Any use of the Site or any intellectual property referenced in this section, except as permitted in these Terms of Use or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms of Use and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.

Nothing on this Site or in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission by a duly authorized representative, except as otherwise expressly described herein. Please be advised that Sailun Tire Americas Inc. actively and aggressively enforces its intellectual property and other rights to the fullest extent of the law.

ACCOUNTS: When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access to your computer(s) and your Account. You agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind may result in the termination of your Account. You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, you agree to notify Sailun Tire Americas Inc. immediately. Sailun Tire Americas Inc. may assume that any communications it receives under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless it receives notice otherwise.

USER SUBMISSIONS: Any comments, suggestions, reviews, ideas, materials and other submissions (“User Submissions”) that you send, provide or convey to or on behalf of Sailun Tire Americas Inc., whether on the Site or otherwise, are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting Sailun Tire Americas Inc., its affiliates and service providers, and each of their and our respective licensees, successors, and assigns an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, display, distribute, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes) without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submissions. You grant Sailun Tire Americas Inc. the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever without notifying or providing any further compensation to you.

You represent and warrant that: (i) you have the necessary rights to submit your User Submissions and grant the licence referenced above; (ii) no User Submission made by or through you to or through the Site violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (iii) no User Submissions made by or through you to the Site will be or contain material that is offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site or would otherwise violate the law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold Sailun Tire Americas Inc. liable for the User Submissions of others.

We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise User Submissions that we believe violate these Terms of Use, is otherwise objectionable, or for any other reason and in our sole discretion without prior notice.

GEOGRAPHIC RESTRICTIONS: This Site is not intended for use in any jurisdiction where its use is not permitted. We make no representation that content provided on the Site is applicable or appropriate for use in locations outside of Canada and the United States. If you access the Site from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.

THIRD PARTY SERVICES: If you enable, access or use third party services available on the Site, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Sailun Tire Americas Inc. with respect to such other services. Sailun Tire Americas Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.

LINKS TO OTHER WEBSITES: Although the Site may link to other websites, including social media websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Site. Your linking to any other off-site websites is at your own risk.

INDEMNITY: To the extent permitted by applicable law, you agree to promptly defend, indemnify and hold Sailun Tire Americas Inc., its affiliates, and our and their respective directors, officers, employees, agents, licensors, service providers, contractors, suppliers, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees and costs (collectively, “Claim”) in any way arising from, related to or in connection with your use of the Site, including but not limited to any linked third-party websites, your violation of these Terms of Use or the posting or transmission of any materials or User Submissions on or through the Site by you. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.

DISCLAIMER (NOT APPLICABLE TO INDIVIDUAL CONSUMERS RESIDING IN QUEBEC): YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAILUN TIRE AMERICAS INC. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE INDEMNIFIED PARTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY (NOT APPLICABLE TO INDIVIDUAL CONSUMERS RESIDING IN QUEBEC): YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION OR OTHER CONTENT YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, SAILUN TIRE AMERICAS INC.’S REMOVAL OR DELETION OF ANY MATERIALS OR USER SUBMISSIONS SUBMITTED OR POSTED ON OR THROUGH ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND SAILUN TIRE AMERICAS INC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES RELATING TO THE SITE WILL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

JURISDICTION AND APPLICABLE LAW (NOT APPLICABLE TO INDIVIDUAL CONSUMERS RESIDING IN QUEBEC): The formation, interpretation, and performance of these Terms of Use and any disputes arising out of these Terms of Use shall be governed by the substantive and procedural laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Toronto, Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts.

ENTIRE AGREEMENT & ADMISSIBILITY: These Terms of Use and any policies, statements, notices or operating rules (individually and collectively, the “Entire Agreement”) posted on this Site constitute the entire agreement and understanding between you and Sailun Tire Americas Inc. with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

RELATIONSHIP OF THE PARTIES: Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

MISCELLANEOUS: The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of Sailun Tire Americas Inc.’s right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Entire Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Parties, there are no third party beneficiaries of these Terms of Use. The Entire Agreement is personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of an authorized representative of Sailun Tire Americas Inc. Any attempt by you to assign, transfer or delegate the Entire Agreement or any portion thereof without the express written permission of an authorized representative of Sailun Tire Americas Inc. will be null and void. Sailun Tire Americas Inc. has the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.

NOTICE TO CALIFORNIA USERS: California users of the Site are entitled to receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

LANGUAGE: This section applies to Quebec users only. You have required that these Terms of Use, and all related documents, be drafted in English, at your express wish. A French version of these Terms of Use has been provided to you on our Site. Vous avez requis que les présentes modalités d’utilisation, ainsi que tous les documents qui s’y rattachent, soient rédigés en anglais, selon votre volonté expresse. Une version française des modalités d’utilisation vous a été fournie sur notre Site.

CONTACTING US: If you would like to contact us to understand more about these Terms of Use or wish to contact us concerning any matter relating to the Site, you may send an email to info@roadxtire.ca.

Last updated and effective as of: October 25, 2024.