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(650) 365-0280
2115 El Camino Real
Redwood City, CA 94063

Website Terms and Conditions of Use (“TOU”)

1. Terms

Welcome to www.fivepointtire.com. By accessing this website, you are agreeing to be bound by this TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use or access this website. The materials contained in this website are protected by applicable copyright and trademark law. An important function of this TOU is to alert you that the data presented on this website is not warranted or otherwise guaranteed. Please read this information carefully.

You should check for changes to the TOU each time you visit the site. Five Points Tire and/or Five Points Tire’s service provider (“Net Driven”) may make changes to the TOU at any time.

When you communicate through the website, personal information shall be used by Five Points Tire and Net Driven in accordance with the Privacy Policy, incorporated herein.

2. Use License

  1. Net Driven grants permission to temporarily download one copy of the materials (information or software) on the 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:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse-engineer any software contained on the website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. Net Driven’s licensed applications and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
  3. Unpublished rights are reserved under the copyright laws of the United States and Canada.
  4. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Net Driven 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.

3. Disclaimer

The materials on THE website are provided "as is". NEITHER Five Points Tire NOR NET DRIVEN makeS ANY warranties, express or implied. Five Points Tire AND NET DRIVEN hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NEITHER Five Points Tire NOR NET DRIVEN WARRANTS NOR makeS any representations concerning the accuracy, likely results, or reliability of the use of the materials on THE website or otherwise relating to such materials or on any sites linked to the website.

4. Limitations

In no event shall Five Points Tire, Net Driven or their 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 the website, even if Five Points Tire, Net Driven or an authorized representative of either company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the website could include technical, typographical, or photographic errors. The information contained within this website comes from a variety of sources and includes information that is subject to change without notice. Five Points Tire and Net Driven strive to ensure that the information is accurate, complete and up-to-date, but neither Five Points Tire nor Net Driven can guarantee and do not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this website is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of Five Points Tire and Net Driven. Therefore, you must independently verify the accuracy of any information presented on the website.

6. Links

Neither Five Points Tire nor Net Driven has reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the linked site by either Five Points Tire or Net Driven. Use of any such linked website is at the user's own risk.

7. Terms of Use Modifications

Five Points Tire and Net Driven reserve the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of the services. Such modifications and additional terms and conditions will become effective immediately and incorporated into this TOU, but will be posted prominently to be reviewed by returning visitors. Your continued use of Five Points Tire’s services and Net Driven’s services will be deemed acceptance thereof. However, neither Five Points Tire nor Net Driven makes any commitment to update the materials.

8. Governing Law and Venue

Any claim(S) relating to THE website shall be governed by the laws of the COMMONWEALTH OF PENNSYLVANIA without regard to its conflict of law provisions.

THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE STATE COURTS LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS OF LAW, THE UNITED STATES DISTRICT COURT(S) FOR THE COMMONWEALTH OF PENNSYLVANIA. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

9. Children’s Online Privacy Protection

In accordance with the Children’s Online Privacy Protection Act of 1998, Net Driven will not knowingly collect personal information from a child under the age of thirteen (13). If Net Driven learns that it has collected information from a child under the age of thirteen (13), Net Driven will take the necessary steps to delete the information as soon as possible.

Net Driven Contact Information:
Address: 201 Lackawanna Avenue, Scranton, PA 18503
Website: www.netdriven.com

Contact Us

2115 El Camino Real
Redwood City, CA 94063
Phone: (650) 365-0280
Fax: (650) 365-0323

Contact Five Points Tire

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Contact Us

Phone: (650) 365-0280
Fax: (650) 365-0323
Address: 2115 El Camino Real
Redwood City, CA 94063

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