Terms of Use Agreement
Welcome to BentonDiscountTires.com (hereinafter referred to as “Benton’s Discount Tires”)
By using this website, you accept this Terms of Use Agreement. This is a legally binding agreement between you and Benton’s Discount Tires – please read it carefully.
2. Acceptance of Terms:
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement. Benton’s Discount Tires reserves the right to modify these Terms of Use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use are effective immediately upon User’s receipt of notice from Benton’s Discount Tires. Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. Benton’s Discount Tires has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. Benton’s Discount Tires can restrict access to any or all portions of the site or remove any information or content from the site at any time. Benton’s Discount Tires reserves the right to monitor use of the site.
User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.
3. User Accounts:
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. Benton’s Discount Tires reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
4. Copyright and Marks:
All content on the site (with the exception of content provided by Benton’s Discount Tires third party content providers and materials posted by Users) are the copyrighted property of Benton’s Discount Tires . Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of Benton’s Discount Tires . Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material, but they are deemed to have given Benton’s Discount Tires a license to the material sufficient for the purposes of operating the web site, which means Benton’s Discount Tires can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. Benton’s Discount Tires also has the right to remove User content from the site at any time for any purpose.
5. Prohibited Conduct:
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Use any device or other means to harvest information about other Users.
Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or any Benton’s Discount Tires employee’s computer or other medium used to access the site.
Post any material on the site that is offensive to any other User. Benton’s Discount Tires maintains the exclusive right to determine what is offensive.
Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
Modify the information, including headers, found on the web site.
Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
Engage in any action which Benton’s Discount Tires determines is detrimental to the use and enjoyment of the site.
Use the site for any unlawful or defamatory means.
Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
Attempt to access, or access, the personal information of another User which is stored on this site.
Permit any person to access this site using the User’s password.
Attempt to, or access, this site using another User’s password.
Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Benton’s Discount Tires reserves the right to bar any such activity.
Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other User or any other customer of Benton’s Discount Tires, including any Benton’s Discount Tires account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
6. Disclaimer and Limitation of Liability:
Although Benton’s Discount Tires has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER BENTON’S DISCOUNT TIRES NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BENTON’S DISCOUNT TIRES, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BENTON’S DISCOUNT TIRES IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL BENTON’S DISCOUNT TIRES OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL BENTON’S DISCOUNT TIRES OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
ALL TIRES SOLD BY BENTON’S DISCOUNT TIRES MUST BE INSTALLED BY A REPUTABLE TIRE INSTALLER AND SHOULD NOT BE SELF-INSTALLED. BENTON’S DISCOUNT TIRES REFERS TO INDEPENDENT INSTALLERS FOR THE INSTALLATION OF TIRES. BENTON’S DISCOUNT TIRES IS NOT LIABLE FOR ANY DAMAGES THAT OCCUR FROM THE IMPROPER INSTALLATION OF TIRES, OR ANY DAMAGES THAT OCCUR ON THE INSTALLERS PROPERTY. BENTON’S DISCOUNT TIRES HAS NO LIABILITY FOR ANY SERVICES PROVIDED BY THE INDEPENDENT INSTALLERS IT REFERS CLIENTS TO, NOR DO WE DIRECTLY ENDORSE SUCH INSTALLERS. ANY CLAIMS RESULTING FRO INSTALLATION ARE THE SOLE LIABILITY OF THE INSTALLER AND BENTON’S DISCOUNT TIRES IS NOT LIABLE FOR ANY DAMAGES DUE TO THE INSTALLER OR ITS EMPLOYEES. BENTON’S DISCOUNT TIRES IS ALSO NOT RESPONSIBLE FOR ANY CLAIMS IF TIRES ARE SELF-INSTALLED.
7. Third Party Content:
Benton’s Discount Tires is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and Benton’s Discount Tires is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Benton’s Discount Tires. Benton’s Discount Tires assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
BENTON’S DISCOUNT TIRES MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.ADDITIONALLY, BENTON’S DISCOUNT TIRES DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
8. User Content:
Benton’s Discount Tires may from time to time and at its sole discretion post content on the site that has been submitted to Benton’s Discount Tires by User, including but not limited to product reviews or other comments (collectively, “User Content”). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User retains the copyright in any User Content and grants Benton’s Discount Tires a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants Benton’s Discount Tires the right to use the name submitted by User in connection with User Content, if Benton’s Discount Tires so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify Benton’s Discount Tires for all claims resulting from the User Content. Benton’s Discount Tires has the right but not the obligation to monitor and edit or remove any User Content. Benton’s Discount Tires takes no responsibility and assumes no liability for any User Content.
9. Indemnification:
User agrees to defend, indemnify and otherwise hold harmless Benton’s Discount Tires and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
10. Security:
Users are prohibited from violating or attempting to violate the security of the site. Benton’s Discount Tires will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
11. Violation of These Terms of Use:
Benton’s Discount Tires may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Benton’s Discount Tires rights or property, or the rights or property of visitors to or users of the site, including Benton’s Discount Tires customers. Benton’s Discount Tires reserves the right at all times to disclose any information that Benton’s Discount Tires deems necessary to comply with any applicable law, regulation, legal process or governmental request. Benton’s Discount Tires also may disclose your information when Benton’s Discount Tires determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Benton’s Discount Tires may preserve any transmittal or communication by you with Benton’s Discount Tires through the site or any service offered on or through the site, and may also disclose such data if required to do so by law, or Benton’s Discount Tires determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of Benton’s Discount Tires, its employees, users of or visitors to the site, and the public.
You agree that Benton’s Discount Tires may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Benton’s Discount Tires, for which monetary damages would be inadequate, and you consent to Benton’s Discount Tires obtaining any injunctive or equitable relief that Benton’s Discount Tires deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Benton’s Discount Tires may have at law or in equity.
You agree that Benton’s Discount Tires may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems. If Benton’s Discount Tires does take any legal action against you as a result of your violation of these Terms of Use, Benton’s Discount Tires will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Benton’s Discount Tires. You agree that Benton’s Discount Tires will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.
12. Termination of Agreement:
Either Benton’s Discount Tires or User may terminate this Agreement at its discretion. In addition to Benton’s Discount Tires other rights, Benton’s Discount Tires may terminate access to this site or cancel membership to any service that Benton’s Discount Tires provides on the site, if User breaches this Agreement in any way or engages in conduct that Benton’s Discount Tires deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8, 9 and 11 shall survive.
13. Links:
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray Benton’s Discount Tires or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any Benton’s Discount Tires logo or other proprietary graphic or trademark as part of the link without express written permission. Benton’s Discount Tires reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other Benton’s Discount Tires proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing Benton’s Discount Tires name or trademarks without Benton’s Discount Tires express written consent.
14. Copyright Protection:
Benton’s Discount Tires honors the intellectual property rights of others and asks the same of Users of the site. Benton’s Discount Tires may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Benton’s Discount Tires with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Benton’s Discount Tires to identify the material;
Information that is reasonably sufficient to permit Benton’s Discount Tires to contact the complaining party, such as address, telephone number and, if available, e-mail address;
A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Benton’s Discount Tires can be contacted at:
Benton’s Discount Tires
730 Peachtree St. NE #570 Atlanta, Georgia 30308
(770) 906-5800 Mon.- Fri. 9am to 5pm EST.
Customersupport@bentondiscounttires.com
15. Policies:
Order Processing
BentonDiscountTires.com reserves the right to refuse, cancel, or not process any order due to incorrect pricing, lack of stock or for any other reason. We will work with the customer to find a suitable replacement at a discounted cost.
Pricing
Despite our best efforts, a small number of tires may be priced incorrectly. If we discover this, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Returns, Refunds and Exchange
Benton’s Discount Tires wants you to be completely satisfied with your purchase, but unfortunately all sells are “Final”. There are No Refunds on any tires only “Exchange”. Exchange is only allowed due to shipped incorrect tire size or if you would like a tire upgrade. You have seven (7) days from the date of purchase to make an exchange. If a tire upgrade is desired an additional cost will be added plus another delivery charge. Please note that tires must has not been driven on or installed and the tire label must still be attached. Under no circumstance will we exchange tires that are damaged due to the negligence of the customers. Defective tires are the responsibility of the manufacturer. Benton’s Discount Tires will work with you to resolve warranty issues if necessary.
Please Note: Refunds are only allowed if you made a tire purchase payment using the PayPal Checkout Option that is located on our website and we discover that your desired tires are not in stock. We will refund your full purchase payment back to your bank within 24 hours. After that it will be your bank responsibility to deposit those funds back to your account, however that can take up to 30 days.
When searching our site via our “vehicle search” please be sure to confirm that the size selected is the actual size needed for your vehicle. We recommend looking at your actual tires or in your vehicles manual to confirm. With that said, if you select your tires based on the vehicle search, and check the box at checkout that confirms that the size being ordered fits on your vehicle, Benton’s Discount Tires is not responsible if the tires ordered are not the correct ones for your vehicle. We will work with you on a exchange, but the customer is responsible for all shipping charges, including items that are eligible for Free Shipping. We make every effort to keep our vehicle search accurate, but often times, the car manufacturers create different options for vehicles that are not always listed in our search.
Delivery Issues
All tire orders are shipped by Benton’s Discount Tires Delivery Truck. We are not responsible for tires that is marked as delivered by our delivery truck and is lost or stolen after delivery. We will work with you to resolve the issue, but its recommended that you file a police report.
Tread Warranty
The tires sold by Benton’s Discount Tires are warranted by the manufacturer of the tire. If you think your tire is eligible for replacement under the manufacturer’s warranty, you can take that tire to any dealer that carries your brand. Moreover, we will be happy to assist in obtaining fulfillment of a manufacturer’s warranty.
Road Hazard Program
Road hazard damage is damage that occurs when a tire fails as a result of a puncture, bruise or break incurred during the course of normal driving on a maintained road. Common road hazards include potholes, curbs, nails, glass, and sharp objects. None of these are covered by the manufacturer’s warranty. We would be glad to discuss a road hazard policy with you.
DOT Code Issues
In most cases, the tires we sell have current DOT codes. However there are times where we have tires that may be slightly older. Due to manufacturer regulations we can sell tires up to 5 years old without notification. However if the DOT codes are older than 5 years old we will contact the customer to inform them of this and gain their consent before shipping tires out. If for some reason you receive tires that are older than 5 years old and have not received a call from us, please let us know and we can take the tires back free of charge (as long as they have not been mounted or used). Most tires are warranted by the manufacturer for up to 10 years so as long as the tires is not dry rotted or cracked, and it is kept in a climate control warehouse, they are perfectly safe for use.
Selecting Tires by Vehicle
When searching our site via our “vehicle search” please be sure to confirm that the size selected is the actual size needed for your vehicle. We recommend looking at your actual tires or in your vehicles manual to confirm. With that said, if you select your tires based on the vehicle search, and check the box at checkout that confirms that the size being ordered fits on your vehicle, Benton’s Discount Tires is not responsible if the tires ordered are not the correct ones for your vehicle. We will work with you on the return, but the customer is responsible for all shipping charges. We make every effort to keep our vehicle search accurate, but often times, the car manufacturers create different options for vehicles that are not always listed in our search.
16. Miscellaneous:
These Terms of Use constitute the entire agreement between Benton’s Discount Tires and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Benton’s Discount Tires and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, Benton’s Discount Tires may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Benton’s Discount Tires remedies are cumulative and not exclusive. Failure of Benton’s Discount Tires to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Benton’s Discount Tires makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Georgia, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Fulton County, State of Georgia, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.
