These Terms and Conditions (these “Terms”) are a legal contract between You and RimDeal, part of the EC Online Network (dba of BB Wheels, LLC.), a Minnesota limited liability company (“RimDeal”, “we”, “us”, "EC", or "Extreme"). These Terms govern your access to and use of www.rimdeal.com (the “Website”), services offered on or through the Website, and any purchases of goods (“Goods”) offered by RimDeal through the Website, or via telephone (together, the “Store”), whether as a guest or a registered user.
Please read these Terms carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.rimdeal.com/privacy-policy.php, incorporated herein by reference. If you do not want to agree to these Terms or to the Privacy Policy, please do not access or use the Website.
If you are under 18, you may only use the Website or make purchases through the Store through a parent or legal guardian. Additional terms may apply to your purchase of Goods from the Store, as noted at the time of purchase.
By using the Website, purchasing Goods, or by indicating your agreement to these Terms when the option is made available to you, you agree to be bound by these Terms.
1. Accounts and Security
To access the Website or use certain features, you may be asked to provide certain registration details and personal information. In order to use the Website, all information you provide must be correct, current, and complete. Please note that any and all information you provide to us is governed by our Privacy Policy. By agreeing to these Terms, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Your username, password, and any other piece of information that is part of our security procedures is confidential. You must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. RimDeal will not be liable for any losses incurred as a result of an unauthorized use of a password or account.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if we determine you have violated these Terms.
2. Intellectual Property Rights and User Contributions
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as required to use the Website.
The Website may contain interactive features that allow you to post, submit, publish, display, or transmit to other users (collectively “Post”) content or materials, including reviews (collectively, “User Contributions”) via the Website. You understand and acknowledge that you are responsible for any User Contributions you provide, and you, not RimDeal, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. RimDeal does not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material. RimDeal assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Any User Contribution you Post to the Website will be considered non-confidential and non-proprietary. By Posting any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above and that all your User Contributions will comply with these Terms.
User Contributions must comply with all applicable laws and regulations and must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
3. Notices and Procedure for Making Claims of Copyright Infringement
RimDeal respects the intellectual property of others and requires that users and visitors to the Website do the same. RimDeal will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Notifications of claimed copyright infringement should be sent to RimDeal’s designated copyright agent. If you believe in good faith that content on the Website infringes your rights under U.S. copyright law, you (or your agent) may send RimDeal a written notice by mail or email requesting that RimDeal remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to RimDeal a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.
To submit a notice of copyright infringement, please provide RimDeal the following information. Please be advised that to be effective, your notice must include all of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address and all other information reasonably sufficient to permit RimDeal to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Mail:
Copyright Manager RimDeal Legal Department 209 Co Rd 156 Albany, MN 56307
By Email:
legal@rimdeal.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RimDeal THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
4. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. Pricing and Availability
The Store will show the then current price for Goods at the time of purchase. If applicable, the terms and conditions of a special promotional offer will be provided with such offer. Pricing and availability may change without notice.
RimDeal’s acknowledgement of your order does not mean that your order has been accepted, that the Goods have been shipped, or that the price or availability of any item has been confirmed. RimDeal endeavors to accurately display product pricing and availability on the Store. However, in certain instances, an item on the Store may be mispriced, may be unavailable, or may contain an inaccurate description. We may experience delays in updating such information, and thus, we do not guarantee the accuracy or completeness of information on the Store, and reserve the right to update information to correct these inaccuracies at any time without notice. If we determine there were any inaccuracies in information related to your order, we may attempt to contact you to remedy the error or cancel the order.
6. Ordering and Payment
We accept payment through various payment processing methods. You shall abide by relevant terms and conditions, whether with RimDeal or a third-party provider, which apply to your use of a payment processing method. RimDeal may add, remove or change payment processing methods at any time without notice.
You represent that you are authorized to use the form of payment that you provide to RimDeal and that any payment information you provide is complete and accurate. When you make an order, you authorize RimDeal to charge the form of payment you indicate in the total amount of your order (including applicable taxes). Applicable taxes will be applied at the time of purchase and calculated based on your provided shipping address.
7. Returns
At RimDeal, we try hard to get you the correct items, every time. If you are not satisfied with your purchase of products from the Store, you may return them to us in accordance with our Return Policy. The Return Policy is incorporated into these Terms in its entirety.
8. Delivery
The goods will be delivered within a reasonable time after our acceptance of your order. Using standard methods for packaging and shipping goods, RimDeal will have the goods delivered to the shipping address you designated at the time of purchase, so long as such address is complete and complies with the Store’s restrictions. RimDeal and its distributors may, in their sole discretion, without liability or penalty, make partial shipments of goods to you as part of the fulfillment process.
The quantity of any installment of goods as recorded when the goods are transferred to the shipping carrier is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. RimDeal shall not be liable for an incomplete shipment of goods (even if caused by RimDeal’s negligence) unless you give written notice to RimDeal of the incomplete shipment within 72 hours of the date when the incomplete shipment was marked as delivered. Any liability of RimDeal for an incomplete shipment shall be limited to supplementing the incomplete shipment within a reasonable time or adjusting the invoice for such goods to reflect the actual quantity delivered.
9. Risk of Loss and Choice of Shipping
Coming soon.
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that digital content available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RimDeal NOR ANY PERSON ASSOCIATED WITH RimDeal MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RimDeal NOR ANYONE ASSOCIATED WITH RimDeal REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, RimDeal HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation of Liability
IN NO EVENT SHALL RimDeal BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
12. Indemnification
You agree to defend, indemnify, and hold harmless RimDeal, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
13. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota , in each case located in the City of Minneapolis and County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Additional Terms
The other terms and policies posted on the Website, including the Privacy Policy (the “Additional Terms”) govern your use of the Website and are incorporated by reference into, and made a part of these Terms. These Terms constitute the entire agreement between you and RimDeal relating to the subject matter addressed herein.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Store thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to revoke access to, withdraw, or amend the Website or any services, materials or goods provided on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
WHEEL / TIRE PACKAGES & TPMS
Customer must supply vehicle information in order to receive free lugs and/or TPMS.
FREE TPMS SENSOR PROMOTION
When a customer buys a tire & wheel package (we mount/balance) and/or a tire & wheel combo (tire and wheels are drop-shipped and unmounted) using the package builder, they will receive 4 FREE TPMS sensors. If the customer adds a spare wheel and tire (5 of each), they will receive an additional TPMS sensor. The cost of the TPMS stems, handling, programming, and shipping is not free. The cost to do this is $15 each.
TEAM EC MEMBERSHIP
Participants ("Members") in the Program are subject to the terms and conditions herein. Program membership is open to all U.S. and Puerto Rico residents (excluding all U.S. territories other than Puerto Rico) at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. If you are between the ages of 16 and 18, you may only use the Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The Terms and Conditions that apply to the Program, including the terms regarding expiration of rewards in the program, are determined based on one’s entry into the Program. The Terms and Conditions that apply to a Member are available from the Program website (https://www.rimdeal.com).
Members must provide the required information to be enrolled and to be eligible for rewards.
Commercial accounts are not eligible to register in the Program.
Extreme reserves the right to limit the number of Members in the Program.
Extreme reserves the right, in its sole discretion and without notice, to expire a Member’s enrollment in the Program after twelve (12) months of account inactivity. All accrued Rewards will be lost if the membership expires or is cancelled.
Membership is prohibited as to vendors, manufacturers and product suppliers to Extreme as well as any and all competitors of Extreme and the employees for any of the aforementioned and those employee’s spouses, significant others and dependents. A dependent of an employee is defined as any person who may give access to said employee.
Your Membership account is for your purposes only. Your Membership is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one Member account. Permitting others to access your account, sharing your login information with others, or in any way permitting your account to be utilized by a third party is expressly prohibited. You may make purchases as gifts for others with your account.
Extreme reserves the absolute right, in its sole discretion to terminate, without compensation, any Member’s account who violates any of these Membership rules or any other term and condition listed herein.
PRIVACY POLICY
This section covers the collection, use, and disclosure of personal information that may be collected by Extreme anytime you interact with Extreme and/or the Program, such as when you visit our website, when you purchase products and services from our websites, or when you call our sales or support associates. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at RimDeal, and we go to great lengths to protect it.
Why we collect personal information: We collect your personal information because it helps us deliver the proper product and provide a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about. If you do not want Extreme to keep you up to date with Extreme news, updates and the latest information on products and services click contact and update your personal contact information and preferences.
Do you disclose my personal information: When we disclose your information Extreme takes your privacy very seriously. Extreme does NOT sell or rent your contact information to other marketers. Your Information is disclosed within the Extreme organization and related, jointly owned, entities only. To help us provide superior service, your personal information may be shared with legal entities within the Extreme organization and Product Providers (Drop Ship Only), who will take steps to safeguard it in accordance with Extreme`s privacy policy. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary. If such disclosures become necessary, Extreme will strive to limit the disclosure to as few people as possible and will seek protective orders/confidentiality agreements to limit disclosure of the same.
How we protect your personal information: Extreme takes precautions including administrative, technical, and physical measures to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Extreme’s online store uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To make purchases from the RimDeal Online Stores, you must use an SSL-enabled browser such as Fire Fox, Safari, Netscape Navigator 3.0 or later, Internet Explorer or Google Chrome. Doing so protects the confidentiality of your personal and credit card information while its transmitted over the Internet. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure (PATCHED) web browser.
Public Disclosure Notice - Publicly displayed information is Public. If you use a bulletin board or chat room on an Extreme website you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. RimDeal is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, Extreme will collect that information from your interaction and the information will become publicly available.
Informed Consent for Use of Pictures, Videos and other media: Moreover, if you submit/upload pictures, videos and/or other media onto any of Extreme websites, fan pages or social networking pages, you are agreeing and consenting to Extreme having the right to use those pictures for advertising and/or any other marketing. If a photo, video, or other media was submitted/uploaded without your permission, please contact us immediately at sales@rimdeal.com.
MEMBER ONLY PRICING
The prices provided for Members through the Program are MEMBERS ONLY PRICING that are NOT available to the general public. The pricing available to you through the Program shall not be shared with, disseminated, advertised or otherwise made available to the general product. Failure to adhere to this requirement shall result in the immediate termination of the Member's account without consideration. Member only pricing does not apply to wheels and/or tires already on sale.
CONTENT
If you submit/upload pictures, videos and/or other media onto any of Extreme websites, fan pages or social networking pages, you are representing to Extreme that you are the owner of the picture(s), video(s) and/or other media that you are submitting or that, if you are not the owner, that you are using the picture(s), video(s) and/or other media with the express consent of the owner and subject to the owner’s requirements or restrictions. Extreme is devoted to maintaining an appropriate, respectful, Program in which all of its members are comfortable and treated with respect. Accordingly, Extreme reserves the absolute right to remove any and all posts that are degrading, offensive, pornographic, obscene, racist, sexist, vulgar or otherwise contrary to Extreme’s purpose with the Program. Moreover, all posts must be related to automotive products that are related to Extreme’s business. Any posts that fail to be related to the automotive industry will be removed. Extreme, at its sole discretion, shall determine if any content is inappropriate in the Program and shall, at its sole discretion and without notice, remove the same. Any Rewards earned for removed post(s) shall be reduced from a Member’s account.
YOUR USE OF THIS SITE
Your use of this Program for any illegal or unauthorized purpose is expressly prohibited. In consideration of your use of this Program, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or Extreme has reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, Extreme has the right to suspend and refuse any and all current or future access by you to this Program or any portion thereof. Furthermore, if Extreme has any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behavior while using the Program, Extreme may suspend and refuse any and all current or future access by you to the Program or any portion thereof and may also refuse to honor any credits or other earned benefits.Extreme reserves the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that Extreme shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Program or any part thereof. The following sections shall survive any termination of these Terms and Conditions: "Copyright," "Trademarks/Tradenames," "Indemnification," "Disclaimer of Warranties; Limitation of Liability," "Disputes and Dispute Resolution" (including all subsections) "General" and "Additional Terms."This Program may be linked to other Web sites. You acknowledge and agree that Extreme is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Web sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site.
COPYRIGHT
Unless otherwise indicated, this Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software ("Content"), is owned by Extreme and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without Extreme's prior written approval. In addition, any mechanized or systematic processes for harvesting information from the Program for any purpose is prohibited. Nothing contained in or on the Program should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
TRADEMARKS/TRADENAMES
"RimDeal," the "EC" logo, "ECgarage" "From Stock to Finish" and related terms are the property of Extreme and its affiliates and is protected from unauthorized copying and dissemination by United States trademark law, common law, international conventions and other intellectual property laws. "RimDeal," the "EC" logo, "ECgarage" and "From Stock to Finish" are trademarks or registered trademarks of Extreme Customs, LLC (dba of BB Wheels, LLC), in the United States and certain other countries. All RimDeal names and logos are trademarks or registered trademarks of Extreme Customs, LLC (dba of BB Wheels, lLC). You may not use any logo or trademark without the specific written permission of Extreme. All other company and product names and logos found in the Program are trademarks or registered trademarks of their respective owners in certain countries.
INDEMNIFICATION
You agree to indemnify and hold Extreme and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to:
information or content submitted, transmitted or otherwise made available on or through the Program by you or any other person accessing the Program using your Account;
the use of, or connection to, the Program by you or any other person accessing the Program using your Account (including negligent or wrongful conduct); or
your breach or attempted breach of these Terms.
DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW
Use of the Program, membership in the Program, any purchases made through the Program, and any controversy, claim or dispute arising out of or relating in any way to your use of the Program, your membership in or purchases through the Program, or products purchased through the Program shall be governed by the laws of the state of Minnesota.
WAIVER OF CLASS ACTION
Both you and Extreme waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of Program, your membership in or purchases through the Program and/or your Account, or products purchased through the Program, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
MEDIATION
Prior to bringing any suit, both you and Extreme agree and consent to engage in pre-suit mediation with a mediator that is mutually agreed upon between the parties whose offices are located within the City of Minneapolis and County of Hennepin.
JURISDICTION AND VENUE
In the event of litigation, jurisdiction and venue for any dispute shall be in a court of competent jurisdiction sitting in the City of Minneapolis and County of Hennepin. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
OPTING OUT OF THE CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the class action waiver specified in these Terms and Conditions by doing the following. Within 15 days of setting up your Account, you must send a letter to RimDeal c/o Legal Department, 209 County Road 156, Albany, MN 56307, that specifies:
your name
your account member name
your mailing address, and
your request to be excluded from the pre-suit mediation and class action waiver specified in these Terms.
All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if Extreme makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 15 days of the change to the address provided above. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
GENERAL
Extreme reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice.
Membership in the Program may be revoked at any time. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to revocation and will affect eligibility for further participation in the Program. Further, Extreme reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program fails to follow any terms of the Program, or makes any misrepresentation to Extreme.
Program purchases, as reflected in Extreme’s records, shall be deemed correct and Extreme reserves the right to determine the qualification for any transaction and to correct or modify the Reward amount at any time based on Extreme’s records and calculation of account information.
Extreme is not responsible for communications, including Rewards, lost due to a change of address or other contact information.
By becoming a member of the Program, customer agrees to receive advertising, marketing materials and other communications from Extreme.
Program rules are void only to the extent prohibited by law.
Taxes on Rewards may apply where required by law. Any tax liability, including disclosure, is the sole responsibility of the Member.
Extreme may waive compliance with these terms and conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, Extreme’s failure to exercise any of its rights under these Program Terms and Conditions or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights.
For more information about the Program and/or Member accounts call 855-925-3551.
TERMINATION
The Program has no predetermined termination date and may continue until such time as Extreme, at its sole discretion, elects to designate a program termination date. Members may cancel participation in the Program and/or request not to be communicated via mail by notifying the Program Administrator at RimDeal, Attn: ECgarage Termination, 209 County Road 156, Albany, MN 56307.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT EXTREME AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, WITH THE EXCEPTION OF ERRORS IN POSTING POINTS TO ACCOUNTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR
LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, CORRESPONDENCE, OR REWARDS;
THEFT OR UNAUTHORIZED REDEMPTION OF REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, AGENTS;
ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR
ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF REWARD IN AN AMOUNT NO GREATER THAN THE NUMBER OF REWARD AT ISSUE.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE TO ACCURATELY INPUT YOUR INFORMATION RELATED TO YOUR VEHICLE. FAILURE TO SUBMIT ACCURATE INFORMATION MAY RESULT IN A PRODUCT NOT FITTING ON YOUR PARTICULAR VEHICLE. IF EXTREME IS AT FAULT FOR THE ERROR, EXTREME SHALL HAVE THE SOLE DISCRETION TO PROVIDE REPLACEMENT PRODUCT(S) OR ISSUE A REFUND WITHOUT REGARD FOR YOUR WISHES. IF YOU ARE AT FAULT, EXTREME SHALL BE UNDER NO DUTY TO REFUND YOUR MONEY OR TO PROVIDE REPLACEMENT PRODUCT.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS PROGRAM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROGRAM. IF A PRODUCT OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL ON THIS SITE.NEITHER THE PROGRAM NOR ANY REWARD OR BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY MEMBERS AGAINST EXTREME.THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.
ADDITIONAL TERMS
ENTIRE AGREEMENT
These Terms and Conditions are subject to change without notice. These Terms and Conditions constitute the entire agreement between you and Extreme and govern your use of this Program and supersede any prior version of these Terms between you and the Company with respect to this Site.
NON-WAIVER
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of the Company's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
SEVERABILITY
If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
RELATIONSHIP OF THE PARTIES
Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Flickr shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Flickr, express or implied, and you shall not attempt to bind Flickr to any contract.
NO WAIVER OF RIGHTS BY FLICKR
Flickr's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Flickr and you with respect to the subject matter hereof.Except where otherwise specified, the Company may deliver notice to you by means of electronic mail, a general notice on the Site or by other reliable method.
EC CASH BACK TERMS AND CONDITIONS
EC CASH BACK PROGRAM
This promotion is not valid with prior purchases. Eligible customers will receive Cash Back EC Reward Points following the successful completion of all program requirements, including submission of a valid rebate and RealView Fitment Gallery entry, within thirty (30) days of placing an order.
EC Reward Points will be applied directly to the customer’s EC account upon verification of eligibility and fulfillment of all terms. Verified Warrior Members may qualify for additional or bonus EC Reward Points with the purchase of select brands and styles, as specified by RimDeal. Additional terms and eligibility requirements may apply.
(4) WHEEL OR (4) TIRE PURCHASE
Customers who purchase four (4) wheels or four (4) tires will be eligible to receive Cash Back EC Reward Points. This offer applies to wheel-only, tire-only, or combined wheel-and-tire package purchases made at the listed online price.
This promotion cannot be combined with any other offers, discounts, or promotions and is valid only for purchases made directly through RimDeal’ authorized online store.
INVOICE SUBMISSION REQUIREMENTS
To qualify for Cash Back EC Reward Points, customers must upload a copy of their purchase invoice within thirty (30) days of product delivery using the designated upload form available on the RimDeal website. The invoice submission must include the customer number and all relevant order details for verification purposes.
Email for support: sales@rimdeal.com
RimDeal reserves the right to deny or revoke EC Reward Points if the submitted documentation is incomplete, inaccurate, fraudulent, or does not comply with these Terms and Conditions.
REALVIEW FITMENT GALLERY SUBMISSION
To complete eligibility for EC Reward Points, customers are required to submit a minimum of four (4) photographs of their vehicle displaying the newly installed wheels and/or tires purchased from RimDeal. Submissions must be made via the RealView Fitment Gallery portal, accessible at: https://www.rimdeal.com/realview-upload.php.
FITMENT GALLERY TERMS
Each submission must include no fewer than four (4) and no more than ten (10) clear, high-resolution photographs of the customer’s vehicle with the purchased and installed products visible. All submission information, including vehicle details and product information, must be complete and accurate.
Incomplete, low-quality, or inaccurate submissions will not be processed. In such cases, EC Reward Points will not be issued or credited to the customer’s account.
RimDeal reserves the right, in its sole discretion, to verify eligibility, approve or deny submissions, and modify or terminate this promotion at any time without prior notice.
RimDeal reserves the right to modify, suspend, or terminate this promotion or any associated program without prior notice. All decisions made by RimDeal regarding eligibility, compliance, and reward issuance are final.
RimDeal is not responsible for lost, late, incomplete, or misdirected submissions, technical errors, or delays beyond its control. Fraudulent activity or abuse of this promotion will result in disqualification and forfeiture of any EC Reward Points.
Participation in this promotion constitutes acceptance of these Terms and Conditions. EC Reward Points have no cash value and cannot be redeemed for cash or transferred.
GOVERNING LAW
These Terms and Conditions and any disputes arising out of or related to this promotion shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Minnesota, and participants hereby consent to the jurisdiction and venue of such courts.
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