Terms of Use

Introduction

Welcome to Pomp's Tire Service.

These Terms of Use (the "Terms") govern each website, mobile site, application, and other service (each a "Service" and collectively "Services") that links to these Terms. They are binding on all individuals and entities that access, visit, and/or use the Services, whether acting as an individual or on behalf of an entity, including those using processes to harvest, crawl, index, scrape, spider, or mine content by an automated or manual process (collectively, "you" or "your").

The Terms may be modified at any time by us upon posting of the modified Terms. Any such changes are effective immediately. You should review the Terms periodically to determine if any changes have been made. By using the Services, you accept all changes to the Terms. If you do not agree with the Terms, your use of the Services is unauthorized and you must discontinue use immediately. We reserve the right to terminate your access to the Services at any time.

Ownership

All content included in the Services, including text, images, video, audio, software, products, and services, is and shall remain the property of Pomp's Tire Service or other content suppliers, and is protected under applicable copyright, trademark, and other proprietary laws. Product and company names mentioned in the Services may be trademarks of their respective owners. The material in the Services may not be used in any manner without Pomp's Tire Service's express written permission.

Use of the Website

We grant you a limited, revocable, and non-exclusive permission to view and use the Services, and to print individual pages for your own personal, noncommercial use, provided that you agree to these Terms. Your use of the Services is at our sole discretion. You may not acquire any ownership rights in any content through your use of the Services.

Prohibited Conduct

You agree not to do any of the following in connection with the Services or Content:

1. Modify or reproduce: Modify, duplicate, distribute, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit any Content for any purpose without express written permission.
2. Download for others: Download, copy, or transmit any Content for the benefit of any third party without express written permission.
3. Interfere with the site: Interfere with or disrupt the Services or the systems, networks, or servers used to provide them, including by hacking or defacing the site or violating any procedure or policy of our servers or networks.
4. Scraping: Use any robot, spider, site search/retrieval application, or other automated devices to access, scrape, "data mine," or otherwise collect content without express prior written consent.
5. Commercial use: Make any commercial, advertising, promotional, or marketing use of the Services without express written permission.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Services and any appointment or service request you make. You further agree that any information provided by you is true and accurate to the best of your knowledge.

Third-Party Sites

The Services may contain links to other websites on the Internet that are owned and operated by third parties. Additionally, when you use the Services, you may use third-party services (such as credit application portals for financing). We have no responsibility for the content of third-party sites and therefore do not represent, warrant, or endorse the accuracy, completeness, or legality of their content. By visiting any third-party site, you acknowledge that we are not responsible for it. You should contact the site administrator directly if you have any concerns regarding those sites. When you leave our website, you should review the terms and privacy policies posted by the third-party website.

Disclaimer of Warranties

The information in the Services is provided on an "AS IS" and "AS AVAILABLE" basis. Use of the Services is at your sole risk. Pomp's Tire Service disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

Under no circumstances shall Pomp's Tire Service be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, under any legal theory, arising out of or relating to the Services, your use of the Services, or the Content. This includes damages from loss of business, lost profits, litigation, or similar losses, even if we have been advised of the possibility of such damages.

Price and availability information is subject to change without notice. We are not obligated to honor any price if said price is incorrect or inaccurate, regardless of how the information was entered.

You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the disclaimers and limitations in these Terms that directly conflict with such laws may not apply to you.

Indemnification

You agree to indemnify, defend, and hold Pomp's Tire Service, its partners, agents, employees, subsidiaries, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of these Terms or your use of the Services.

Use of Information

We reserve the right, and you authorize us, to use all information regarding your use of the Services and all information provided by you in any manner consistent with our Privacy Policy.

Intended Audience

This website is not intended for children under the age of 13. We do not knowingly collect personal information from children under the age of 13.

Privacy

Your use of our Services is also governed by our Privacy Policy. If you are a resident of California, you have specific rights under the California Consumer Privacy Act (CCPA). For more information on your rights and how we handle your personal information, please review our Privacy Policy.

Promotions

Any promotions, sweeps, contests, raffles, surveys, or similar offerings made available through this website may be governed by separate rules. If the rules for a promotion conflict with these Terms, the promotion rules will govern.

Appointment Requests

Submitting an appointment request through our Site does not guarantee that an appointment is scheduled. We reserve the right, without prior notice, to limit the quantity on any request and/or refuse service. Pomp's Tire Service may cancel an appointment at any time for any reason, including staffing or scheduling issues. Verification of information may be required prior to confirmation of an appointment. Please contact a store directly for questions about our policies.

Pricing and Availability

All prices and availability are provided for informational purposes only and are subject to change without notice. Tire prices shown on the site are estimates based on current catalog data and may not reflect the final price, which is confirmed by the retailer at the time of service completion. You are responsible for all applicable sales, use, value-added, and other taxes, duties, and charges associated with your service, which are determined by the retailer. Additional surcharges may apply due to your location and will be disclosed by the retailer.

Communication

By providing your phone number through an appointment request, contact form, or other form on our site, you agree that Pomp's Tire Service may call and/or send text messages about your appointment, service information, or other related communications. You do not have to consent to receiving calls or texts to make a contact form submission or browse the Site. Message frequency varies. Standard messaging rates may apply. You may opt out of receiving text messages at any time by following the unsubscribe instructions included in any text message or by contacting us directly.

Copyright Notices

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the allegedly infringing material is located on our website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent or by law; and
6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claims of copyright infringement can be sent to us at info@pompstire.com.

Governing Law

You agree that these Terms and any dispute arising from them shall be governed by the laws of the state where Pomp's Tire Service is located, without regard to conflict of law provisions.

Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the Terms shall otherwise remain in full force and effect.

The failure of Pomp's Tire Service to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and Pomp's Tire Service.

These Terms constitute the entire agreement between you and Pomp's Tire Service governing your use of the Services, and supersede all prior communications regarding the Services. You may also be subject to additional terms and conditions, posted policies (including our Privacy Policy), or rules that apply when you use the Services.