OVERVIEW
This website is operated by Amerityre Corporation. Throughout the site, the terms “we”, “us” and “our” refer to Amerityre Corporation. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Amerityre reserves the right to change the content of the website at any time, and control or restrict access to the website at any time.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). The use of this website for fraudulent activity, to misrepresent user identity, or tampering with anything on this website is strictly prohibited. Use of website material, such as product photos, without permission of Amerityre, is prohibited.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS AVAILABILITY, ORDER PROCESSING, AND FULFLLMENT
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
All Amerityre products come with a satisfaction guarantee. If for any reason within 15 days of receiving your order, you are not satisfied with your purchase, please contact our Customer Service Department at 800-808-1268 ext. 100 or at orderdesk@Amerityre.com to attain an RMA number. Please see our Returns and Exchanges information below for terms and conditions regarding returns.
- Original delivery fees are refunded only if returns are for defective products, products that were not described accurately, or incorrect orders.
- The customer is responsible for costs related to shipping the products back to Amerityre. We recommend using a trackable shipping method for providing proof of shipment
- Individual products, such as custom ordered tires or assemblies, may be excluded from this guarantee. Check with Amerityre before you place your order to see if there are any return restrictions on the parts you wish to order.
If you have placed an order using the website and need information about your order or need to change your order, please contact Amerityre customer service by telephone at 800-808-1268 ext. 100 or email orderdesk@Amerityre.com.
Amerityre accepts credit card payments and bank check payments. The billing address you provide for credit card payments must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, Amerityre reserves the right to cancel your order without notifying you. Amerityre cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution.
All orders will ship from our facility located in Boulder City, Nevada. Amerityre will charge sales tax on all purchases to customers in Nevada, unless a valid resale certificate can be provided to Amerityre at the time of order. Copies of resale certificates should be sent to Amerityre Customer Service at orderdesk@Amerityre.com.. All orders are usually shipped within 10 business days, depending on availability of stock. We will send you an email with a shipping tracking number when your item has shipped. Most orders will be shipped via UPS. If we expect that an ordered item will not be shipped within 10 business days, we will contact you to see if you wish to cancel your order or wait until the ordered product is available.
When you check out, you can view the shipping and handling charges for your order. In the unlikely case that shipping and handling charges exceed the amount shown, we will notify you before shipment. Amerityre may be required to collect tax on shipping and handling charges.
The Amerityre website can only be used for orders to be shipped within the continental United States. For international orders, please contact Amerityre customer service for pricing delivery options, and terms. Amerityre Corporation does not normally ship to P.O. boxes. Please contact us for international shipments or if you would like us to use USPS to ship to a P.O. Box.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PRODUCT RETURN POLICY
Amerityre guarantees that all products will be free from defects in materials and workmanship for a period of one year from date of purchase.
We will only accept return items that are not used and are in resalable condition. Custom size tires or mounted tire assemblies are not returnable. Items that are returned and not in a resalable condition are not eligible for a refund
If you wish to return or exchange an item, you must contact Amerityre within 15 days of receipt of the item to obtain a Return Material Authorization number (RMA number). Please note that shipping costs are non-refundable unless you receive an item you did not order or the item received is defective. All items returned for a refund will be subject to a 15% restock fee. No items will be accepted for return/refund unless a RMA number is obtained in advance. Customer is responsible for all shipping charges related to return of items for credit or refund.
If you order the wrong size, we will be happy to exchange it for a new size. However, you will be responsible for shipping back your item to the address we provide and you will be charged the freight charges for the new item.
If you have any questions or need to return an item, please either call us toll free at 800-808-1268 ext. 100 or contact us by email at orderdesk@Amerityre.com. The following information will be required to obtain an RMA number:
- Your full name, address & phone number
- Your order number or invoice number
- The name and address where the merchandise was shipped
- The part number(s) and quantity of the item(s) you wish to return/exchange and the reason(s) for the return/exchange
We will contact you within 24-48 hours by phone or email and give you the address to send the item.
If you are returning an item for exchange, the new item will be shipped once the original item is received and processed.
When a received shipment is obviously damaged in transit, the Customer should refuse the delivery. If you have accepted delivery and then find shipping damage, please call Amerityre immediately using the contact information included with the order. For best protection we advise that you check the condition of your shipment before signing shipment acceptance paperwork, as it is harder to file a successful claim for shipping damage if the signed paperwork indicates the shipment was received in good order. It is also advised to take photos of all damaged packages and items that are received in order to support damage claims.
Please save all packaging material and order paperwork if there is possible shipping damage. If packaging is disposed of before a claim is filed, your claim against the shipper may be denied and you may not receive credit for the returned item.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
All product prices, pictures, and descriptions on the Amerityre website are subject to change. We maintain no responsibility for inadvertent errors. Prices and availability of products are subject to change without notice. Pricing and product information errors will be corrected when discovered. Amerityre reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
If your payment has already been processed for the purchase when your order is cancelled, Amerityre will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
When you place your order with Amerityre using this website, you agree to the price and terms indicated on this website. Price differences related to future or past prices on our website store or any other website store are not refundable.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Orders are not considered confirmed until the order is reviewed and an order confirmation is issued to the customer by Amerityre.
For more detail, please review our Returns Policy (Section 6)
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy
Amerityre’s website features built-in security measures, including sophisticated encryption and authentication tools, to protect the security of the information that you share with us.
Our secure server software (SSL) is the industry standard and is among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that the information cannot be read as it travels over the internet. Amerityre uses industry-standard practices, such as encrypted storage and password protection systems, to safeguard the confidentiality of your information.
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. While we strive to protect your contact information, we cannot guarantee or warrant the security of any information you transmit to or from our website. All transmission of information is done at your own risk.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Amerityre Corporation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Amerityre Corporation and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at orderdesk@tamerityre.com.