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SIZEITUP TERMS AND CONDITIONS Warning: To the best of our knowledge the information within this program is correct, but it remains only as a guide, and or a recommendation. Sizeitup does not assume the responsibility for any fitment, and or product being installed. It is the installer's duty to inspect all areas of the installation and to make a final assessment on all wheels and tires installed on a vehicle. Always ensure you check plus sizing choice for correct load carrying capacity, inflation pressure changes, and speed rating that may be required. By checking the accept box to login to Sizeitup, The user understands and is bound by the eula, (end user license agreement) set forth here, also referred to as Tac, (terms and conditions).. (a) "Software" includes the executable computer programs, proprietary data and any related printed, electronic and online documentation, data, and any other files that may accompany the product and or Sizeitup. (b) "END-USER" shall mean any subscriber and/or, user, and/or, licensee of Licensee's Internet products, which shall include Licensee. Title, copyright, intellectual property rights and distribution rights of the "Software" remain exclusively with Sizeitup. Intellectual property rights include the look and feel of the "Software". The rights and obligations of this Agreement are personal rights granted to the user only. The user may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The user may not make available the "Software" for use by one or more third parties. This "software" is for informational purposes only and cannot be redistributed for any other reason with the express written consent from Sizeitup. (a) The "Software" may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies. You may not copy, alter, merge, adapt, or translate the software, or disassemble without the express written consent of Sizeitup. (b) Unless otherwise provided herein, you may not modify the "software" or create derivative works based upon the "software". (e) You may not export the "software" into any country prohibited by the United States Export Administration Act and the regulations there under. Failure to comply with any of the terms under the TAC section will be considered a material breach of this Agreement. Acceptance All terms, conditions and obligations of this Agreement will be deemed to be accepted by the user ("Acceptance") upon execution of this Agreement, (Marking the acceptance box on the login screen). The term of this Agreement will begin on Acceptance and is perpetual. Governing-Law The Parties to this Agreement submit to the jurisdiction of the courts of the Commonwealth of Virginia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Commonwealth of Virginia. Miscellaneous This Agreement can only be modified in writing signed by both the Vendor and the user. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the user. ACCEPTANCE OF TERMS By using the Sizeitup website you are agreeing to Sizeitup's terms and conditions as follows. These terms and conditions will be referred to herein as "TAC". Sizeitup's TAC can and will be modified from time to time without notice. Updates will post immediately to the website as they are changed. USER CONDUCT Participants will conduct themselves according to the highest standards of sportsmanship and will maintain respectful demeanor in their conversations here, and in a manner that will not reflect adversely on the reputation of the website and its management. Failure to do so will result in penalties, up to and including the restriction or termination of a member's right to participate and/or the editing or deletion of a member's account. THERE WILL BE NO: No Nudity : Nude pictures will be removed without warning, Nude pictures will not be allowed in any part of the site. No Foul Language : Please refrain from using any foul language. This site is maintained as a family orientated website. ADVERTISING There will be no selling or offer to sell products on this site. Sizeitup offers many ways to advertise on our site by signing up as a sponsor. To become a sponsor with Sizeitup click on the advertising button located at the top of the website. Advertising options: Banner ads Lead banner ads Static text links Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sizeitup shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. VIOLATIONS Failure to comply with the above rules may result in disciplinary actions being taken against you, including a ban on your website account. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIZEITUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2) SIZEITUP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 3) ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIZEITUP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC. WHAT THIS PRIVACY POLICY COVERS This policy covers how Sizeitup treats personal information that Sizeitup collects and receives, including information related to your past use of Sizeitup products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that Sizeitup does not own or control, or to people that Sizeitup does not employ or manage. GENERAL NOTICE We at Sizeitup understand your concern for your own privacy and the information you may or may not have given to us or observe by us. As such, we willingly disclose our principle ways and concerns towards the responsible use of information that users, visitors and advertisers share and disclose to us. We at Sizeitup wish to ensure user confidence by promoting the principals of disclosure and fair information practices at our site. This Online Private Policy details the policies of Sizeitup regarding Internet privacy issues to help users, visitors and advertisers understand the roles that technology and electronic commerce play in the collection and use of information provided. Sizeitup collects information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. Once you register with Sizeitup and sign in to our services, you are not anonymous to us. Sizeitup records information from our server that logs from your browser your ip address, cookie information, and pages that you request. Sizeitup uses this information for the following purposes: to customize the advertising and content you see, acknowledge requests for other products and services, improve our service, contact you, and provide anonymous reporting for internal and external clients. COOKIES To enhance your experience at Sizeitup, we use a feature on your Internet browser called a "cookie. From time to time, Sizeitup may send a "cookie" to your computer. A cookie is a very small piece of data that is sent to your browser from a web server and stored on your computer's hard drive. A cookie can't read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system. Cookies are unable to store any codes or viruses. We use cookies to identify which areas of Sizeitup you have visited or customized, so the next time you visit, those pages may be readily accessible. Our advertisers may also use cookies to ascertain how many times you've seen an advertisement. Our advertisers and we may use this information to better personalize the content, banners, and promotions that you see on our sites. This policy only covers the use of cookies by Sizeitup and does not cover the use of cookies by any advertisers. Sizeitup does not have control, nor access to the information contained in its advertisers' cookies. LINKS TO OTHER WEBSITES Our website contains many links to other websites on the internet. Sizeitup is not responsible for the privacy practices or the content of such linked websites. Sizeitup does not share any of the individual personal information you provide with the sites to which Sizeitup links, although we may share only aggregate data with such websites (such as how many people use our website). Please check with those websites to determine their privacy policy .In addition, Sizeitup reserve the right to terminate any links or linking programs at any time without any notification to anybody GENERAL INFORMATION DISCLOSURE We do not disclose information about your individual visits to Sizeitup, or personal information that you provide, such as your name, address, e-mail address, telephone number, etc., to any outside parties, except when we believe the law requires it, when we need to protect and defend the rights or property of Sizeitup or visitors to Sizeitup, when we need to disclose for the purpose of taking legal actions against any users for misdeeds and/or abuse this website, or breach of the Terms and Conditions of this website or when we need to identify persons who may be violating the law, the legal notice, or the rights of third parties including copyrights, intellectual rights, patents, and when we need to cooperate with the investigations of purported unlawful activities. But, we may record and share only aggregated information with our partners. This information may also be used by us to notify you of related product and services, but will not be shared or sold to third parties for any purpose with notification to all users. Also, if you input your information on a co-branded registration page, such as that of a Sizeitup and/or affiliates, partner company-sponsored contest, game or poll, then your information becomes the property of both Sizeitup and the affiliates, partner company co-sponsoring the contest, game or poll. In that instance, Sizeitup is not responsible for the information that the affiliates or partner company receives. YOU'RE CONSENT TO OUR AGGREEMENT & DISCLOSURE Sizeitup uses reasonable precautions to keep the information disclosed to us secure. We disclaim and do not guarantee or warranty fully security of all information and data stored or collected by us i.e. we shall not be responsible for any breach of security or for any actions of any third parties that receive such information and data Sizeitup reserve the right to transfer all data and information in connection with the sale of all or part of Sizeitup's capital stock or assets. By using, accessing or visiting our website, you consent to the collection and use of information by Sizeitup as specified above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. These terms and conditions shall be governed by the internal laws of the state of Virginia, without giving effect to principles of conflict of laws, you hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Prince William County, Virginia or the federal courts in Washington D.C. to resolve any disputes arising under these terms and conditions. In each case these terms and conditions shall be construed and enforced without regard to the United Nations convention on the international sale of goods. These terms and conditions contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the software licensed hereunder shall be of no effect. The failure or delay of sizeitup to exercise any of its rights under these terms and conditions or upon any breach of these terms and conditions shall not be deemed a waiver of those rights or of the breach. No sizeitup dealer, agent, or employee is authorized to make any amendment to these terms and conditions. If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect. RISK OF LOSS All items purchased from sizeitup.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. DAMAGED OR DEFECTIVE ITEMS If you receive a damaged or defective item, we will promptly send you a replacement after you have returned the damaged or defective product within the first 14 days of purchase. An explanation of the nature of the defect must be noted before authorization can be granted. You MUST have an RGA number before shipping the item(s) back. You will not be charged any additional shipping or handling fees for replacement shipments. All replacement merchandise must be paid for in advance and you will be credited upon return. RETURNS Shipping & handling are not refundable. Non-defective returns for credit or exchange are subject to a 20% restocking fee. Buyer pays for return and exchange shipping charge. You MUST have an RGA number before shipping item(s) back. INVENTORY AVAILABILITY AND BACKORDERS Inventory information is available for all domestic (U.S.) orders. This information, which appears in your Shopping Cart, can be used to estimate the likelihood that the item(s) will be shipped within 48 hours after you place your order. We cannot guarantee that an item listed as "in stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases an item may be in stock when you place your order, and sold out by the time your order has been processed. We will ship you the item(s) when they are in stock again. BACKORDERS (out of stock items) Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. In some cases, we are awaiting or researching stock information from one or more of our suppliers. When we receive the product, we notify you via email and ship it to you promptly. Backordered domestic (U.S.) items usually come into stock within 2 to 4 weeks, but can occasionally take longer. If your order is not ready to ship within 30 days then we will send you an update via email. If for any reason we determine that a backordered item will no longer be available at all, we notify you immediately by email, cancel the item from your order, and delete the item from our catalog. you can emails us at sales@sizeitup.net
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