Terms of Use | Chip's Auto Glass

Chip’s Auto Glass provides all information on this site together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site” www.chipsautoglass.com and related services exclusively under the following Terms of Use and all applicable laws.

By using this site or related services, users of this site (“You”) agree to be legally bound by these Terms of Use (“Agreement”) and Chip’s Auto Glass Privacy Policy. If you do not agree to these terms, you must immediately terminate the use of this Site.

1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE

All right, title, and interest (including copyrights, trademarks, and other intellectual property rights) in this Site belongs to Chip’s Auto Glass. In addition, the names, images, pictures, logos, and icons identifying Chip’s Auto Glass products and services are proprietary marks of Chip’s Auto Glass and its subsidiaries or affiliates. Except as provided below, nothing contained in this Agreement shall be construed as granting any license or right, by implication, estoppels or otherwise, under copyright, trademark, or other intellectual property rights.
By using this Site, you are granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as provided in this Section, no part of this Site, including but not limited to materials retrieved from this Site and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express permission of Chip’s Auto Glass.

2. LINKS TO THIRD-PARTY SITES

Chip’s Auto Glass provides links to third-party web sites for your convenience. Chip’s Auto Glass does not assume any responsibility for the (a) content of, (b) technology implemented or, (c) privacy practices of third-party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third-party site and confirm they are acceptable prior to registration on or use of the site. Links to third-party sites do not imply endorsement of the sites by Chip’s Auto Glass.

3. DISCLAIMERS

THIS SITE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND CHIP’S AUTO GLASS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Chip’s Auto Glass disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or their content, directly or indirectly accessed through links in this Site, including but not limited to any errors or omissions, (c) the unavailability of any part of this Site, (d) your use of this Site, or € your use of any equipment or software in connection with this Site.

4. LIMITATION OF LIABILITY

COVERED PARTY (“Covered Party” means Chip’s Auto Glass, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND LOST PROFITS FOR SAVINGS) IN ANY WAY RELATING TO THIS SITE OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

This Site may contain references or cross references to Chip’s Auto Glass products and services that are not available in every country.

6. GOVERNING LAW; JURISDICTION; DISPUTES

This Agreement shall be governed by and contrasted in accordance with the laws of the State of Ohio
You agree that all disputes, actions, and claims relating to your access to or use of the Site, Services, and all matters arising out of or related to this Agreement (except for legal action taken to seek an injunction or other equitable relief related to the Site, Services, or user-generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively, “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of Ohio, without regard to choice of law principals.
You furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
In the event of a Dispute, you or Chip’s Auto Glass must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Chip’s Auto Glass at [Attention Arbitration, 200 West Fourth Street, Cincinnati, OH, 45202]. You and Chip’s Auto Glass will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of the Dispute is sent. After 60 days, you or Chip’s Auto Glass may commence arbitration. You are not required to wait 60 days to file a small claims action.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s supplementary procedures for consumer-related disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to commence arbitration only in your county of residence or in Hamilton County, Ohio. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.
You agree that the making of claims or resolution of Disputes pursuant to this Agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.
To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn’t filed within one year, it is permanently barred.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

7. ENTIRE AGREEMENT; SEVERABILITY

This Agreement incorporates by reference the Privacy Policy and other notices contained on this Site and collectively constitutes the entire agreement with respect to your access to and use of this Site and Services. All provisions of this Agreement are severable. If any provision or portion of this Agreement is deemed unenforceable by a court of law, then the remaining portion will remain in full effect. If a court of law finds any provision unenforceable, the court may modify those provisions instead of severing the unenforceable provisions entirely. This Agreement as modified by the court in those circumstances will be binding.

8. ELECTRONIC COMMUNICATIONS

When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically in response. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Any communication with your use of this Site, including but not limited to suggestions, ideas, and comments, will be treated as non-confidential and may be used by Chip’s Auto Glass for any purpose, without compensation. Disclosure shall constitute an assignment of all rights, titles, and interests in such information to Chip’s Auto Glass.

9. LINKS TO CHIP’S AUTO GLASS WEB PAGES

Chip’s Auto Glass permits links to this Site provided:
1. You do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices;
2. You do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g. UR, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party;
3. You give Chip’s Auto Glass notice of all such links by sending an e-mail to support@tirediscounters.com; and
4. You discontinue providing links to this Site if notified by Chip’s Auto Glass
When linking to this Site you may use one or more Chip’s Auto Glass logos as a link anchor. To ensure proper usage of Chip’s Auto Glass logos, we’ve presented them here. These logos are trademarks of Chip’s Auto Glass and Chip’s Auto Glass retains all rights to them. Chip’s Auto Glass grants you a limited license to use these logos solely for linking to Chip’s Auto Glass web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Chip’s Auto Glass does not grant, by implication, estoppels, or otherwise, any license to use any trademark, copyrighted materials, or other proprietary materials displayed on this Site and any other use is strictly prohibited.

10. MESSAGE BOARDS, BLOGS & SHARING

Chip’s Auto Glass may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, “Submit”) messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). Chip’s Auto Glass is not responsible for User Content, for any links or images embedded in the User Content, or for the results obtained by using the User Content. Chip’s Auto Glass does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of, any opinion, advice, or statement contained in User Content. Under no circumstances, will Chip’s Auto Glass be liable for any loss or damage caused by reliance on the Site, User Content, or information or materials obtained through user consent.

You shall not submit content that:
1. Violates or infringes the rights of others;
2. Is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable;
3. Encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law;
4. Advertises goods or services;
5. Solicit funds;
6. Contains instructions, formulas, or advice that could harm or injure; or,
7. Is a chain letter of any kind
  
  User Content, including any personally identifiable information (including name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Chip’s Auto Glass has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.
  
  By submitting User Content, you automatically grant Chip’s Auto Glass a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferrable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, or otherwise exploit the User Content, in whore or part as Chip’s Auto Glass deems appropriate including, but not limited to, in connection with Chip’s Auto Glass, its subsidiaries, affiliates, or business.
  
  Chip’s Auto Glass has the right, but not the obligation, to monitor User Content. We reserve the right not to post any User Content, but we do not have the obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content at our own discretion.
  
  The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.
DMCA Notice. Chip’s Auto Glass asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, detailed below. At Chip’s Auto Glass sole discretion, Chip’s Auto Glass may remove content that possibly infringes on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DCMA”) and other applicable laws, Chip’s Auto Glass has adopted a policy of terminating, in appropriate circumstances and at Chip’s Auto Glass sole discretion, users who are deemed to be repeated infringers. If we remove or disable access in response to a DMC Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
1. A legend or subject link that says: “DMCA Copyright Infringement Notice”;
2. A description of the copyrighted work that you claim is infringing or, if multiple copyrighted works are covered by a single notification, a representative of such works;
3. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material in the manner complained of is not authorized by the copyright owner or the law;
4. A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed); and
5. Your electronic or physical signature
  
  Chip’s Auto Glass will only respond to DMCA Notice that it receives by mail or through the contact us form provided on the website.
  
  By Mail:
  Chip’s Auto Glass
  Attn: DMCA Notice
  200 West Fourth Street
  Cincinnati, OH 45202
  
  By E-Mail:
  support@tirediscounters.com
  
  It is often difficult to determine if your copyright has been infringed. Chip’s Auto Glass may elect not to respond to DMCA Notices that do not substantially comply with all of the foregoing requirements and may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
  
  Please note that the DMCA provides that any person knowingly materially represents that material or activity is infringing may be subject to liability.
  
  We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.
  
  Without limiting Chip’s Auto Glass other rights, Chip’s Auto Glass may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Chip’s Auto Glass.

11. CHANGES TO THE SITE AND THESE TERMS AND CONDITIONS

This Site and this Agreement may be changed by Chip’s Auto Glass, and the changes will be effective when they are posted to the Site. Please review this Site periodically for changes. If there are material changes, we may send you notice of the change by e-mail or through other methods of this Site. Continued use of this Site following any change constitutes your acceptance of the change.

12. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

You can view our privacy policy here.