Smithers MSE Inc. (“Smithers”) and Stackpole Engineering Services, Inc. (“SES”) (Smithers and SES collectively referred to herein as "we," "our," or "us") is pleased to permit access to and use of the Virtual Tire Lab Website at www.virtualtirelab.com (the “Website”) to each individual who is at least twenty-one (21) years of age, is employed by or an authorized representative of an active corporate subscriber of the Virtual Tire Lab Product (“Your Company”), has registered and secured an account as provided herein (“User Account”) and is accessing or using the Website as our guest (“User,” "you," "your") according to these Virtual Tire Lab Website Terms of Use (collectively, the “Terms”).
We welcome Users like you to use the Website and to access and submit information regarding Your Company as set forth herein. Your access to and/or use of the Website is available only through your User Account and is subject to these Terms and all applicable laws and regulations. By accessing and/or using the Website, you accept and agree to abide by these Terms. If you do not accept and agree to these Terms, you are not authorized to use the Website.
We may modify these Terms from time to time by revising them here and showing the revision date, as indicated above. Your continued use of the Website thereafter constitutes your acceptance of any such revisions. These Terms may not be modified except by us.
We are attentive to the privacy of Website Users. Our data collection and use practices, including those applicable to this Website, are set forth in our Privacy Policy which is incorporated into and made a part of these Terms.
Users of the Website must have a User Account provided by us. You are responsible for maintaining the confidentiality of the User identification (“ID”) and password for your Account and for all activities that occur under or in connection with such Account (regardless of whether or not you personally undertake or authorize such activities). Any User ID and password for a User Account shall be for the individual use of such User only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) sign out from your User Account at the end of each session of accessing or using the Website.
By creating a User Account, you (1) consent to receive communications from us electronically, and (2) agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You specifically acknowledge and agree that we may communicate with you via email or by posting notices to your User Account or otherwise through the Website.
In addition to accessing and, as expressly permitted, copying, downloading and printing records, documents and data related to Your Company through the Website, you and other Users may be permitted to submit information in various forms through the Website (collectively, “User Submissions”). We may or may not review any or all such User Submissions and are in no way responsible for the form or content of User Submissions. By submitting or sharing User Submissions through the Website, you represent that you have the right to do so and that the information in such User Submissions is accurate and complete. You hereby authorize and grant a perpetual, irrevocable, royalty-free, worldwide right and license to us to copy, display, reproduce, use, modify, create derivatives of and distribute User Submissions to our employees and service providers and to other Users from Your Company.
You further acknowledge that by permitting you and other Users to submit, access, view and share User Submissions through the Website, we are serving as conduit for such distribution and is not accepting or undertaking any obligation or liability related thereto. We have the right, but no obligation, to retain, delete, modify, block or remove from the Website any User Submissions or other communications or materials that we, in our sole discretion, determine to be unacceptable.
Use of obscene or abusive language, harassment in any manner or form or activities in violation of law undertaken through the Website, including via chat, postings, User Submissions or other communications, are strictly forbidden. Impersonation of others, including one of our employees, agents, or representatives, another User of the Website or any other party is prohibited. You may not upload to, distribute, or otherwise disseminate through the Website any User Submission or other communication or content which is libelous, defamatory, obscene, threatening, infringing of proprietary rights, invasive of privacy or publicity rights, abusive, illegal, harmful to minors, or which may constitute or encourage a civil or criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not use any robot, spider, or other automatic device, process, or similar means to access or extract information from the Website (including for purposes of monitoring or copying any material or content available on or through the Website); post, insert or disseminate any links intended to deceive other Users or solicit personal or other sensitive information; post or introduce any virus, malware, ransomware, ‘worm,’ ‘bot,’ ‘time-bomb,’ ‘Trojan horse,’ ‘back door’ or other malicious code, functionality or security vulnerability that may cause damage or permit unauthorized access to the Website or any hardware, software or data belonging to us or any other party (”Malware”); transmit or facilitate the transmission of, any advertising or promotional material (including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation) through the Website; or engage in any other conduct that restricts or inhibits any authorized use or enjoyment of the Website by other Users or which may harm us, the Website, or other Users.
Engaging in any prohibited uses or other illegal or unethical activity on or through the Website may subject you and your User Account to immediate suspension or termination, at our sole discretion, with or without notice.
Please be aware that information made available or accessible by us through the Website, including all features, records, content, specifications, descriptions, forms, templates, text, graphics, images, logos, icons, audio and video files, data and data compilations, software and other information provided by us (“VTL Content”) is subject to change, suspension or withdrawal by us, in its sole discretion, in whole or in part, at any time with or without notice.
The Website, including its design, appearance and the compilation of all information comprising same, and, except as otherwise specified, all VTL Content and all intellectual property rights in and to the foregoing (including all patent, copyright, trademark, trade secret and other proprietary rights) are all our property or its content suppliers and licensors and subject to protections under United States and international intellectual property laws. Except as expressly permitted under these Terms, you agree not to copy, download or print any content from the Website without our prior written consent and not to change or remove any proprietary rights notices from the Website or from materials copied, downloaded or printed from the Website.
We respect the intellectual property rights of others and require that Users of the Website do the same. We may terminate the Website access and/or use privileges of Users who are infringers of intellectual property rights. Accordingly, you may not submit, post or store any material or content on, or disseminate any material or content through the Website in any manner that constitutes an infringement of third-party intellectual property rights, including any rights granted under U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 to report alleged infringements.
You acknowledge and agree that we, in our sole discretion, may modify, suspend, discontinue or terminate the Website access to the Website, your User Account or any aspect of your access to or use of the Website, at any time without notice.
THE WEBSITE IS PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND. WE ARE MERELY PERMITTING YOUR ACCESS TO AND OPPORTUNITY TO USE THE WEBSITE AND MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING THE WEBSITE OR YOUR ACCESS TO OR USE THEREOF. We do not represent or warrant that the Website or any features or functions thereof will be available, uninterrupted or error-free, that any defects therein will be corrected, or that the Website will be free of Malware.
By using the Website, you and Your Company agree to indemnify, defend, and hold harmless Smithers, SES and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation on your part of the law or these Terms or any activity related to your User Account (specifically including any negligent, prohibited or wrongful conduct) by you or any other person accessing or using the Website through your User Account.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. BY ACCESSING OR USING THE WEBSITE YOU AGREE THAT NEITHER SMITHERS NOR SES NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARE LIABLE TO YOU, YOUR COMPANY OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR INABILITY TO ACCESS OR USE THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER DOCTRINE OR THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SMITHERS OR SES’ LIABILITY TO YOU OR YOUR COMPANY FOR ANY AND ALL CLAIM(S) EXCEED THE AMOUNT OF FEES PAID BY YOU OR YOUR COMPANY TO SMITHERS FOR YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS PRECEDING THE EVENTS GIVING RISE TO ANY SUCH CLAIM(S).
Software and other content and materials associated with the Website may be subject to United States export control laws. United States export control laws prohibit the export of certain technical data and software to certain territories. No software associated with the Website may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
We expressly prohibit the downloading or export of any software or technical data from the Website to any jurisdiction prohibited under United States export control laws.
These Terms and your access to and use of the Website are governed by the laws of the State of Ohio, without regard to its choice of law provisions. The state and federal courts of general jurisdiction located in Summit County, Ohio, will have exclusive jurisdiction over any and all disputes between you and us arising out of, relating to or concerning these Terms and access to or use of the Website and you hereby stipulate to the personal jurisdiction thereof and waive any objection to venue therein.
We, in our sole discretion, may assign its rights and duties under these Terms to any party at any time with or without notice to you.
For any inquiries regarding these Terms, please contact us using our Contact Us form.
Copyright 2024 SMITHERS MSE INC.; STACKPOLE ENGINEERING SERVICES, INC. ALL RIGHTS RESERVED.