Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

You agree to the Terms and Conditions set forth herein, and as amended from time to time, each time you use or access this payment portal (sometimes the "Site"). If you do not agree to these Terms and Conditions, you may not use this Site. You acknowledge that by using this Site, you have received valuable consideration, the receipt, adequacy and sufficiency of which you acknowledge.

1.       Definitions. As used in these Terms and Conditions, the words "Website. Payment Portal or Site" means the website accessible directly or indirectly through www.tires.com, www.discounttire.com, www.americastire.com and www.discounttiredirect.com, any mobile platform or application we operate, and other websites or platforms we may create, host or operate, directly or indirectly, from time to time. The words "Discount Tire Portal", "we," "us" and "our" refer to          The Reinalt-Thomas Corporation, Discount Tire, Americas Tire and Discount Direct and affiliates. The words "you" and "your" refer to any person who accesses or uses this Site. The word "biller" refers to this company as it provides goods and services to you. The words "payment source" refers to a bank account, credit card, debit card, PayPal, or other source from which funds for bill payments will originate.

2.       Limited License and Permitted Uses. We grant you a non-transferable, non-exclusive, revocable license to do all of the following:

•         access and use the Site strictly in accordance with these Terms and Conditions;

•         use the Site solely for internal, personal, purposes, and;

•         display, download, archive or print a single copy of any information and content on the Site ("Information"), provided that, in doing so, you (i) do not further distribute, sell, or modify the information and content in any way, (ii) maintain all copyright and other notices, and (iii) comply fully with these Terms and Conditions.

Except as expressly provided in these Terms and Conditions, you acknowledge that you have no licenses or rights, by implication, estoppel or otherwise, with respect to the Site or any Information. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Site and all Information belongs to us and/or our licensors as applicable.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Information, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Information. All trademarks and service marks on this Site are either trademarks or registered trademarks of our affiliates, or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission.

3.       Restrictions. In using the Site, you promise that you will not do any of the following:

•         Disrupt or interfere with the security or operation of the Site or any Information, or any servers or networks connected to or accessible through the Site or affiliated or linked web sites;

•         Upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

•         Use or attempt to use or access another person's personal information, or create or use a false identity on the Site;

•         Attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

 

4.       Making Bill Payments. You may use the Site to facilitate bill payments to us for goods and services. You may make payments using an automated clearing house (ACH) debit from your bank account or through such other means and from any other payment source that we offer at the time of your request. We will process your requests in accordance with these Terms and Conditions.

5.       Fees. We may charge you a fee each bill payment transaction you request. We may change the amount of our fee from time to time. The amount of the fee will be displayed when you use the Site. You authorize us to add the fee to the amount of the bill payment you request. The total amount will be debited from the payment source you have indicated in connection with your request.

6.       Requesting Bill Payments. You may request a bill payment transaction by following our on-screen instructions. For each transaction you request, you authorize us to process a payment in such amount you request, from the payment source you have selected. You further authorize us to credit your payment source for payments due to us.

7.       Refunds. Completion of a payment on this Site is contingent upon both the availability of funds in your account or other payment source and acceptance of the payment by us. If a payment cannot be processed, we will attempt to notify you at least once using the contact information you provided at the time you submitted the payment request. If we fail to accept a payment, your payment liability will remain outstanding and unpaid, and you will be subject to any penalties, late fees and interest charges assessed by us. In this instance, your account will be re-credited. If a returned payment is refunded to your account 90 days or more from the original date of payment, the amount of the refund will be reduced by the fees we originally assessed. If a returned payment is made by check, the amount of the check will be reduced by the fees we originally assessed. For all other cases, where we have accepted payment, there are no refunds unless specifically authorized by us.

8.       Payment History. We do not send periodic statements showing your bill payment history. You may access information about your bill payment requests using the Site. You should also confirm your bill payment requests against any statements or payment records provided by the biller and your payment source.

9.       Questions or Errors. If you have any questions about one of your transactions, call or email using the information below:

Need contact information here. Phone number, website link

We must hear from you as soon as possible, but in no event later than sixty (60) days after the date of your payment request. When you call or write, you must:

•         Tell us your name and describe the transaction (invoice, date, transaction number if available);

•         Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information: and,

•         Tell us the dollar amount of the suspected error.

If you notify us on time, we will investigate your complaint in good faith and promptly correct any error we made.

10.     Late Charges. You are responsible for paying any and all late charges and penalties imposed by us.

11.     Insufficient Funds. If you have insufficient funds available from your account or other payment source to make a bill payment you request, we will refuse to process the bill payment request.

12.     Payment Reversals. When you make a payment through the Site, you are not protected against a subsequent reversal of that payment. If your payment is reversed for any reason, you will remain financially liable for the reversed payment, and you will owe us for the amount of the reversed payment plus any fees imposed on us as a result of the reversal, regardless of the reason for the reversal. Examples of such reversals include, but are not limited to, a reversal because the sender of the payment was using an unauthorized bank account. We will seek to recover the funds from you by debiting your account or other payment source, and you authorize us to do so.  We retain the right to collect your debt by any other legal means, including assigning our claim to a collection agency.

13.     Security Procedures.

a.       Password. We may provide you with instructions to create a password. We are entitled to act on any instructions we receive under your password. For security purposes, we recommended that you memorize your password and do not write it down. You are responsible for keeping your password confidential. Any use of your password will be considered the same as your written signature in authorizing us to complete any payment transactions you may request. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. If you believe your password has been lost or stolen, or if you suspect any fraudulent activity, contact us immediately as noted above.

b.       Encryption. Data transferred via the Site is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that the Site is secure, you acknowledge that the Internet is inherently insecure and that all data transfers occur openly and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing our Site will not be monitored or read by others.

c.       Additional Security Procedures. We may from time to time use reasonable additional or alternative procedures to enhance the security and confidentiality of your payment transactions through our Site. At all times you agree to comply with all security procedures we may impose in connection with your use of the Site. You agree that all security procedures we use are commercially reasonable, and to the extent allowed by law, you assume all risk of loss for unauthorized transactions where we have followed our then-current security procedures.

d.       Duty of Reasonable Care. We will exercise good faith and reasonable care in processing your transaction requests in accordance with these Terms and Conditions. You will similarly exercise good faith and reasonable care in (i) using the Site, (ii) observing and maintaining security procedures, (iii) communicating with us, and (iv) in reviewing your transaction records for any errors or discrepancies.

e.       Service Interruptions. The Site may be unavailable at certain times when computer systems require maintenance or upgrades, unforeseen maintenance is necessary, or major events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages. We will make all reasonable efforts to ensure the availability of the Site. However, we are in no way liable for the unavailability of all or any portion of the Site.

f.        Termination of Transactions. We reserve the right in our sole discretion to reject or cancel any payment request that exceeds a risk level that is acceptable to us and that we may change from time to time in our sole discretion without notice to you. If we cancel a payment request, we will also void or refund back to you any charges corresponding to that payment request. We may cancel without notice to you any payment requests submitted outside of the U S. or its territories.

g.       Termination of Use. We reserve the right to terminate your use of the Site without notice at any time and for any reason. If you want to terminate your use of this Site, you must cancel all pending bill payment requests. We will continue to process all scheduled payment requests until you cancel them, and we will have no liability for doing so.

h.       Our Relationship with You. We provide online payment processing services to you as an accommodation to you for amounts due and owing by you to us for the provision of goods and services. We are not your agent or authorized representative for any purpose.

i.        No Warranties. WE EXPRESSLY DISCLAIM ANY WARRANTY IN, TO, OR FOR THE SERVICES PROVIDED HEREIN AND THROUGH THE SITE. THE BILL PAYMENT SERVICES AND ALL INFORMATION IS PROVIDED "AS IS” AND "WHERE IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOU EXPRESSLY WAIVE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION. WE MAKE NO WARRANTY THAT THE BILL PAYMENT SERVICES HEREUNDER WILL MEET YOUR REQUIREMENTS, THAT USE OF THE BILL PAYMENT SERVICES, INCLUDING ANY BILL PAYMENT TRANSACTIONS, WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE, OR THAT ANY DEFECTS IN THE BILL PAYMENT SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED, TRANSMITTED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE BILL PAYMENT SERVICES ARE AT YOUR SOLE RISK AND DISCRETION. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES TO YOU OR YOUR PROPERTY. YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF THE BILL PAYMENT SERVICES. WE DISCLAIM ANY WARRANTY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. WE EXPRESSLY DISCLAIM ANY WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. YOU SPECIFICALLY ACKNOWLEDGE THAT USING THE BILL PAYMENT SERVICES AND THIS SITE TO CONDUCT FINANCIAL TRANSACTIONS WITH US INVOLVES ADDITIONAL RISKS. SENSITIVE PERSONAL OR FINANCIAL DATA MAY BE INTERCEPTED AND USED BY THIRD PARTIES WITHOUT YOUR KNOWLEDGE. BY USING THIS SITE AND THE BILL PAYMENT SERVICES, YOU ASSUME ALL SUCH RISKS AND AGREE THAT WE WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY LOSS OR THEFT (INCLUDING IDENTITY THEFT) OCCURRING AS A RESULT OF SUCH ADDITIONAL RISKS.

j.        Limitation of our Liability. We will not be liable in any way for a failure to complete a payment request for the following reasons:

•         You provide us with incorrect or incomplete information

•         There are insufficient funds available from your payment source

•         Your account number or other payment information has changed

•         The Site or our processing system was not working properly and you had reason to know about the breakdown when you requested a payment

•         Any other circumstances beyond our control prevented the payment request from being completed

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, PROPERTY DAMAGE, BODILY INJURY, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST OPPORTUNITY), OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, (I) THAT ARISE OUT OF OR RELATE TO THE SITE, ITS USE, OR YOUR INABILITY TO USE THE SITE, OR (II) RESULTING FROM ANY ERRORS IN OR FAILURE TO COMPLETE ANY PAYMENT REQUEST, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES INCLUDES DAMAGES CLAIMED IN ANY CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO LEGAL OR EQUITABLE PROCEEDINGS AND CLAIMS RELATING TO CONTRACT, TORT OR PRODUCTS LIABILITY. WE WILL HAVE NO LIABILITY WITH RESPECT TO ALL OR ANY PART OF THE CONTENT OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. YOU AGREE THAT YOUR RECOVERY FOR ANY DAMAGES THAT YOU INCUR WILL BE LIMITED TO CORRECTION OR RE-INITIATION OF THE BILL PAYMENT REQUEST. ANY FAILURE OF THAT OR ANY OTHER REMEDY DOES NOT AFFECT THE ENFORCEABILITY OF THE LIMITATIONS ON AND EXCLUSIONS OF CONSEQUENTIAL, INCIDENTAL AND OTHER DAMAGES.

k.       Your Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS OR TO WHICH YOUR NEGLIGENCE CONTRIBUTED, OR WHICH RESULTED FROM UNAUTHORIZED, FRAUDULENT, OR DISHONEST ACTS BY OTHERS (OTHER THAN US). YOU ARE LIABLE FOR ALL PAYMENTS THAT YOU MAKE OR WHICH ARE MADE OR REQUESTED UNDER YOUR USER ID AND/OR PASSWORD, EVEN IF THAT PAYMENT IS UNAUTHORIZED.

 

l.        Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, HARMLESS FROM AND AGAINST ALL LOSSES. EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO USE OF THE SITE (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE ON YOUR BEHALF.

m.      Other Rules. You agree to be bound by all applicable rules of any financial institution in which your account is held, the rules of any other payment source or card association to which the issuing financial institution belongs, and any terms and conditions applicable to your relationship with each biller.

Third Party Web Sites, Content, Products and Services. Hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us. Specifically, we do not endorse (i) the organizations that operate such web sites; (ii) the information, content, privacy policies or other terms of use on such web sites; or (iii) any third party products and services. We have no control or responsibility over, and do not investigate, monitor, or check for accuracy any third party web sites or information and/or content maintained by other organizations, or for products and services offered by third parties. We assume no liability for your use of any of the foregoing. If you decide to exit the Site and access third party web sites, you acknowledge and agree that you do so at your own risk.

n.       Copyright Notices. Except as otherwise noted on this Site, the contents of this web site are copyrighted by us. All rights are reserved. No part of the materials on this Site, including text, graphics and html code, may be reproduced or transmitted in any form by any means without our express written consent.

Availability of Products and Services. All products and services referred to on this Site are available in the United States of America and only in those other jurisdictions where they may be legally offered. Access to the Site from territories where its contents are illegal is prohibited. This Site does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.

o.       Use of Information. Information and/or content available in or on, or accessed or downloaded through or from, the Site are made available solely as a convenience to you for general informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Site and all Information and content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, or any other uses by you in any form or manner whatsoever.

p.       Changes to these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions at any time without notice. Changes in these Terms and Conditions will be effective when notice of such changes is posted on the Site. You agree to these changes if you use our Site after they are posted. We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We may remove, modify or otherwise change any Information or content, including that of third parties, on or from the Site. We may also impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. We may terminate the authorization, rights and license given above and, upon such termination, you agree that you will immediately destroy all Information. We may terminate your use of the Site at any time in our sole discretion.

q.       Privacy Policy. You acknowledge that you have read and agree to all of the terms and conditions of our then-current Privacy Policy http://www.discounttire.com/dtcs/infoPrivacy.do?sll=hpPrivacyStatementFooter, as amended from time to time, which is incorporated by reference into this Agreement.

r.        Other Agreements. Other agreements appearing on our Site are incorporated by reference into these Terms and Conditions. You agree to be bound by all of those agreements when you accept these Terms and Conditions. If there is a conflict between a provision of one of those agreements and these Terms and Conditions, these Terms and Conditions will control, but only to the extent of the conflict. If there is a conflict between a statement made by an employee or the customer service department and the terms of this Agreement, the terms of this Agreement will prevail to the extent of the conflict. We may delay exercising our rights without losing them. Any waiver or partial exercise of one right is not a waiver of other rights or the same right at another time. If any part of these Terms and Conditions is held invalid or unenforceable to any extent, the remaining parts will not be impaired or otherwise affected. These Terms and Conditions are governed by the laws of the State of Arizona, U.S.A. You consent to the jurisdiction and venue of the courts in Arizona in all disputes arising out of or relating to this Site, any use of it or any information in it. You agree that a printed or electronic version of these Terms and Conditions (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records. If you feel compelled to bring a lawsuit or other proceeding, you must do so within one (1) year of the date you have a right to sue. You may not assign your rights and responsibilities under these Terms and Conditions. We may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. These Terms and Conditions will survive any termination of the Site.