1. SCOPE. The following terms and conditions govern your rights as a registered purchaser of one of Tredit Tire and Wheel Company’s (“Tredit”) (“Tires”). By registering on www.tredittire.com, you agree to these terms and conditions as well as all other terms set forth on www.tredittire.com (collectively, “Terms”). Failure to comply with any of the Terms will result in the immediate termination of your participation in the Program.
2. LIMITED WARRANTY. Tredit provides a Limited Warranty to the original retail purchaser of Tires, the text of which is located at www.tredittire.com. Tredit makes no other warranty, whether express or implied, besides the Limited Warranty. To the fullest extent provided by law, TREDIT EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. To the extent that any state or federal law forbids the foregoing disclaimer of implied warranties, then Tredit expressly limits such implied warranties to the duration of, and remedies set forth in, the Limited Warranty. No representative of Tredit or any other retailer or dealer has the authority to make any other warranty in addition to the Limited Warranty.
3. GUARANTEES. SIMPLIFIED REPLACEMENT OR REIMBURSEMENT PROGRAM. For Tires not covered by the Limited Warranty, Tredit offers a replacement or reimbursement program (the “Program”). To be eligible to participate in the Program, you must meet all of the following requirements:
- You must be the original retail purchaser of the Tires eligible for the Program.
- You must have completed registration on www.tredittire.com within 30 days of the retail purchase of the Tires/Unit.
- You must supply satisfactory proof of purchase to Tredit at the time a claim is submitted under the Program.
- You must agree to be bound by the Waiver of Damages set forth in Section 4 below.
- You submit a valid claim within the earlier of (1) 12 months from your original retail purchase of the Tires or (2) three years from the DOT code on the Tires.
All claims under the Program are subject to verification and shall be submitted via the process outlined in the email registration confirmation. Any false, incomplete, illegible, or unverifiable claims will be rejected. Tredit, in its sole discretion, will determine the validity of any claim made under the Program and the appropriate remedy for the claim. All determinations of claims made by Tredit under the Program are final and not subject to challenge or dispute by you.
4. LIMITATION OF REMEDY, RELEASE OF CLAIMS, AND WAIVER OF DAMAGES. The maximum benefit you are eligible to receive under the Program is $150.00 (“Maximum Benefit”). The sole remedy under the Program is the repair or replacement of Tires with Tires of equal or lesser value not to exceed in the aggregate the Maximum Benefit. You agree that Tredit will have no obligation you under the Program beyond that repair or replacement remedy. In exchange for your participation in the Program, you agree to release, discharge, and covenant not to sue Tredit and each of Tredit’s respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, and loss of consortium claims), expenses, and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives, or next of kin) have or might have for any death, injury, damage, or claimed injury or damage arising out of, involving, or relating to the Tires, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties. You further agree that, in exchange for your participation in the Program, TREDIT WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES related to the Tires, including (but not limited to) any damages, losses, costs, or expenses resulting from loss of use of the Tires, loss of time, inconvenience, loss or damage to real or personal property, loss of income, loss of profits, trip interruption, or personal injuries. Additionally, as consideration for participating in the Program, you agree to indemnify, hold harmless, and defend the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, and loss of consortium claims), expenses, and attorney fees that you or anyone on your behalf (including but not limited to your heirs, representatives, or next of kin) have or might have for any death, injury, damage, or claimed injury or damage arising out of, involving, or relating to the Program or for your failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless, and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
5. PROGRAM CHANGES. Tredit reserves the right to make changes to the Program at any time and without notice. All registrations on www.tredittire.com are subject to final approval by Tredit. Tredit, in its sole discretion, may at any time and without notice cancel or suspend the Program or remove any registered user from www.tredittire.com or participation in the Program.
6. WARRANTIES, REPRESENTATIONS, AND COVENANTS. By registering and participating in the Program, you warrant and represent to Tredit that the information you provide to Tredit at registration, and any proof of purchase or other supporting documentation you provide to Tredit during the duration of the Program, are true, accurate, and correct. In addition, you covenant and agree that you: (i) will be bound by these Terms and by all applicable laws and regulations, and will abide by the decisions of Tredit with respect to the Program; (ii) waive any rights to claim ambiguity with respect to these Terms; and (iii) will promptly provide Tredit with updated information if any of the information you provided to Tredit at registration changes. By entering the Program, you agree to execute any documents requested by Tredit. Except where prohibited by law, the failure to execute any documents that Tredit reasonably requests you execute or comply with any of these Terms will result in you forfeiting all rights to any benefits under the Program.
7. FORCE MAJEURE. Neither party will be liable to the other party for any delay or failure to perform where such delay or failure is caused by an Act of God, fire, or other event beyond the reasonable control of the affected party.
8. GOVERNING LAW. The Program is subject to and governed by the laws of Indiana, without regard to principles of conflicts of law. Any disputes related to the Tires, the Program, or your registration on www.tredittire.com must be brought in a federal or state court located in St. Joseph County, Indiana. By registering on www.tredittire.com, you submit to the jurisdiction of the federal and state courts located in St. Joseph County, Indiana, and waive the right to have disputes arising out of the Tires, the Program, or your registration on www.tredittire.com adjudicated in any other forum. Under no circumstances will you be entitled to injunctive relief or equitable relief of any kind, or to restrain the continuation of the Program in any manner. Participation in the Program is void where prohibited or otherwise restricted by law. You agree to waive your right to a jury trial for all disputes relating to the Tires, the Program, or your use of www.tredittire.com.
9. NO WAIVER. Any failure by Tredit at any time to enforce any of the provisions of the Terms will not be construed as a waiver of such provisions or any other provisions of the Terms.
10. SEVERABILITY. If any portion of the Terms is held to be unenforceable, all other portions of the Terms will nevertheless continue in full force and effect.
11. NOTICES. By registering at www.tredittire.com, you agree to accept notification from Tredit by email to the email address you provide in your registration on www.tredittire.com. Tredit will send all notices to you related to the Tires, the Limited Warranty, the Program, and your registration with www.tredittire.com to the email address you have provided on registration. You agree to update your email address at www.tredittire.com should it change at any point after your registration.
12. PRIOR AGREEMENTS. The Terms constitute the entire agreement between you and Tredit with respect to the subject matter covered by the Terms and supersedes all prior agreements, whether oral or written, express or implied, between the parties.
13. AMENDMENTS. The Terms may not be modified or amended except by a written instrument executed by each of the parties.