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I. Terms Of Use
TGP Solutions™ operates various Websites and provides certain Services. These Terms of Use govern access to and use of TGP’s Websites and Services.
Definitions of the above capitalized terms, as well as certain other capitalized terms used in these Terms of Use, are specified under Section III ( Definitions ), below.
By accessing and using any of TGP’s Websites or Services, You agree that You have read these Terms of Use and agree to be bound by them. If You find the Terms of Use to be unacceptable, You must immediately terminate all such access and use.
Important Data Notice
Access to and use of TGP’s Software and Publications are subject to the provisions of Section IV ( Important Data Notice ), which is set forth below as a part of these Terms of Use. Please read the Important Data Notice before using Our Software and Publications.
Website Terms of Use
Access to and use of TGP’s Websites and Services are governed by Website Terms of Use (the “Website Terms”), which are set forth below as a part of these Terms of Use.
Software Terms of Use
Access to and use of the Software available through Our Websites is governed by either a Separate Agreement or by Software Terms of Use (the “Software Terms”), which are set forth below as a part of these Terms of Use.
Hardcopy Publication Terms of Use
The purchase of TGP Publications in hardcopy format through the TGP Website is governed by the Hardcopy Publication Terms of Use (the “Hardcopy Publication Terms”), which are set forth below as a part of these Terms of Use.
PDF Publication Terms of Use
The license of TGP Publications in PDF format through the TGP Website is governed by the PDF Publication Terms of Use (the “PDF Publication Terms”), which are set forth below as a part of these Terms of Use.
General Terms
The provisions of Section X ( General Terms ) (the “General Terms”), which are set forth below as a part of these Terms of Use, apply to all of these Terms of Use, including the Website Terms, the Software Terms, the Hardcopy Publication Terms, the PDF Publication Terms, and the Tool Terms.
II. Effective Date
These Terms of Use are effective as of April 21, 2023.
TGP may modify the Terms of Use at any time by posting revised Terms of Use on any of the Websites. Your continuing use of such Websites and the Services constitutes Your agreement to be bound by such modified Terms of Use, except as provided otherwise in a Separate Agreement.
Any amended Terms of Use shall become effective immediately after posting on Our Websites. It is Your responsibility to review these Terms of Use periodically, and if at any time You find these Terms of Use unacceptable, You must immediately leave Our Websites and cease all use of Our Websites and the Services.
III. Definitions
In addition to other capitalized terms defined elsewhere in these Terms of Use, the following capitalized terms have the corresponding meanings given such terms in these Terms of Use.
“Client” means a person or entity that has opened an account on one or more of Our Websites.
"Content" means all information, data, documents, agreements, text, videos, images, pictures, designs, applications, graphics, software (including Software), audio, sound, files, and other content on Our Websites and available through the Services, including their selection and arrangement.
"Data" means the data, guidelines, recommendations, documentation, and other information included as a part of the Software and the Publications, as updated from time to time. ALTHOUGH THE DATA IS CONSIDERED TO BE RELIABLE, TGP DOES NOT MAKE ANY WARRANTY OR GUARANTEE THAT THE DATA OR ANY PORTION OF THE DATA IS AVAILABLE, COMPLETE, ACCURATE, RELIABLE, MERCHANTABLE OR FIT FOR ANY PARTICULAR USE OR PURPOSE. See the Important Data Notice , below.
“Important Data Notice” means Section IV ( Important Data Notice ), which is set forth below as a part of these Terms of Use.
“PDF Publication” and (plural, as “PDF Publications” ) means a Publication that is licensed by TGP in Portable Document Format (PDF), which is typically made available in a portable data storage medium (such as a USB drive) or by download from the TGP Website.
“Publication” and (plural, as “Publications” ) means a publication that is made available for sale or license through the TGP Website. “Publication” includes all editions of the publications and charts in hardcopy or PDF format that are available on the Store page of the TGP Website. “Publication” includes Hardcopy Publications and PDF Publications.
“Separate Agreement” means a separate written or electronic agreement that is entered into by You and Us that governs Your access to and use of the Software or any Publication.
"Samples" means samples and demonstrations of Our products and applications (including Software and Publications) available through Our Websites.
"Services" means all of the following:
"Software" means the software, data and databases We make available through Our Websites or for downloading from Our Websites. The “Software” includes: (a) all Data, files, programs, source code, object code, images and other information contained in or generated by such software, data and databases; (b) all systems (including application programming interfaces) and other means for delivery of the items listed in (a), above (such as Our TireSYNC™ and tgpWidget™ applications); and (c) all accompanying instructions, methods, guidelines and documentation. The “Software” also includes the Samples.
"Terms of Use" means these Terms of Use, and includes the following sections (Sections II through X), which are included as a part hereof: Effective Date, Definitions, Important Data Notice, Website Terms, Software Terms, Hardcopy Publication Terms, PDF Publication Terms, Tool Terms, and General Terms.
“TireSYNC Website” means the www.tiresync.com website and all related websites.
“TGP” and “TGP Solutions” (and also “We,” “Us,” “Our,” and similar terms) means Solutions LLC and its representatives, members, affiliates and subsidiaries.
“TGP Website” means the www.tgp-solutions.com website and all related websites.
“tgpFitments Website” means the www.tgpfitments.com website and all related websites.
“tgpWidget Website” means the www.tgpwidget.com website and all related websites.
“Website”
(plural, as
"You" (and “Your” ) means any person or entity to which these Terms of Use apply, including any user of any of Our Websites or Content and any person or entity accessing, using, licensing, or purchasing any of the Services, including any of the Publications, Tools and/or Software.
IV. Important Data Notice
Our Software and Publications are intended, designed, published and produced SOLELY for use by professionals in the tire and automotive industry and are not intended for consumer use or any other use, function or purpose. You agree to use the Software and Publications only for Your own internal purposes in accordance with such intended use.
WARNING: The Data contained in the Software and Publications are to be used SOLELY as a guide by properly trained tire professionals for standard vehicles that have not been modified. The expertise and judgment of a trained tire professional must always supersede the Data contained in the Software and Publications. In the case of any conflict or doubt involving any of the Data, You will refer to the appropriate vehicle placard and owner's manual and rely upon the information contained therein rather than on the Data.
WARNING: The Data contained in the Software and Publications apply only to standard vehicles, tires and other automotive components that have not been modified. TGP does not guarantee that the Data covers all data fields for all vehicles in all model years or for all tire and/or wheel lines and brands. You further acknowledge and agree that TGP and its licensors are not the original source of portions of the Data and that TGP and its licensors have received data and other information from third party sources that are incorporated into the Data. This data and other information are deemed reliable, but TGP makes no representations or warranties with respect to the quality or accuracy of the Data. The Data provided by any source is subject to change by such source at any time without notice. You acknowledge and agree that TGP may update or revise the Software and Publications, including the Data, but TGP is under no obligation to perform such updates or revisions or provide them to You.
ALTHOUGH THE DATA IS BELIEVED TO BE RELIABLE, TGP MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, AVAILABILITY, QUALITY, ADEQUACY, RELIABILITY, ACCURACY, MERCHANTABILITY OR FITNESS OF THE SOFTWARE OR PUBLICATIONS OR THE DATA FOR ANY PARTICULAR USE OR PURPOSE, AND YOU DISCLAIM AND WAIVE ALL SUCH REPRESENTATIONS AND WARRANTIES. YOU ASSUME ALL RISK RELATED TO THE DATA AND ITS USE AND MISUSE. YOU AGREE TO PROMPTLY NOTIFY TGP IN WRITING OF ANY INACCURACIES OR DISCREPANCIES CONTAINED IN THE SOFTWARE, THE PUBLICATIONS OR THE DATA OF WHICH YOU BECOME AWARE.
V. Website Terms Of Use
The Website Terms set forth in this Section V (Website Terms of Use) are a part of the Terms of Use. Before using any of Our Websites, please read the Website Terms set forth below
V.1. MINORS/CHILDREN
Use of Our Websites and the Services is only available to persons who are 18 years of age or older. If You are under this age, please use Our Websites and the Services only in conjunction with Your parents or guardians, who must agree to these Terms of Use and will be responsible for all such use.
V.2. MOBILE SERVICES
The Services may include certain services that are available via Your mobile phone, including the ability to browse Our Websites from Your mobile phone (the "Mobile Services"). We do not charge for these Mobile Services. However, Your carrier's normal messaging, data and other rates and fees will still apply to Your use of the Mobile Services. You should check with Your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You should check with Your carrier to find out if the Mobile Services are available for Your mobile devices, and what restrictions, if any, may be applicable to Your use of such Mobile Services.
V.3. USER WARNINGS / USER CONDUCT
V.4. WEBSITE LINKS AND THIRD-PARTY SITES
Our Websites may contain links to other websites that are independent of Our Websites. We provide these links solely as a convenience. By clicking on a link to an independent website, You are leaving Our Websites and going to another website that is not under Our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked website, and any link to another independent website shall not in any manner be construed as an endorsement by Us of that website, or of the products or services described or offered therein.
YOU HEREBY AGREE TO RELEASE TGP, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONSULTANTS, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, OR ANY OTHER USE OF OTHER WEBSITES (THAT ARE NOT AFFILIATED WITH OUR WEBSITES) AND THE SERVICES LINKED TO OUR WEBSITES.
V.5. CLIENT ACCOUNTS
In order to access certain Services, You need to become a “Client” by opening an account with Us. To become a Client, You need to contact Us. You can do this through the Contact Us page of the TGP Website. If You request information about Our Software or Publications through the Contact Us page, the information may be forwarded to Tire Guides, Inc., or Pearl Communications Inc., which sometimes act as Our representative with respect to the Services.
If You elect to become a Client by opening a Client account, You agree to provide Us with current, complete and accurate information for this purpose, as requested by Our representative. You agree to promptly notify Us of any changes to any such information You have provided. Your account will be activated and You will become a Client only upon Your receipt of an email notification from Us or Our representative that Your Client account has been activated.
You may be provided with a user name and password in order to access Your Client account. You are responsible for maintaining the confidentiality of Your password and Client account and Client information and are fully responsible for all conduct carried out under Your password and Client account, whether such conduct is carried out with or without Your knowledge or consent. We are not responsible or liable for any loss of confidentiality or for any damages arising from Your failure to comply with these terms. However, You could be held liable for losses incurred by Us or another party due to someone else using Your Client account or password.
In addition, You may be provided with an API Key in order to access the TireSYNC™ system through the TireSYNC Website. You are responsible for maintaining the confidentiality of Your API Key and are fully responsible for all conduct carried out under Your API Key, whether such conduct is carried out with or without Your knowledge or consent. We are not responsible or liable for any loss of confidentiality or for any damages arising from Your failure to comply with these terms. However, You could be held liable for losses incurred by Us or another party due to someone else using Your API Key.
Further, You may be provided with source code or object code (typically referred to as “tgpWidget Code”) used to access the tgpWidget™ system through the tgpWidget Website or otherwise. You are responsible for maintaining the confidentiality of Your tgpWidget Code and are fully responsible for all conduct carried out using Your tgpWidget Code, whether such conduct is carried out with or without Your knowledge or consent. We are not responsible or liable for any loss of confidentiality or for any damages arising from Your failure to comply with these terms. However, You could be held liable for losses incurred by Us or another party due to someone else using Your tgpWidget Code.
You will promptly report any unauthorized use of Your Client account, password, API Key, or tgpWidget Code to Us. You may not use anyone else's Client account at any time without Our permission.
When accessing Your Client account on Our Websites, You may be asked to provide additional information. For example, if You are approving a Separate Agreement in order to access Our Software, You will be required to enter information about Yourself on the webpage of the TGP Website that allows You to approve the Separate Agreement. You represent and warrant that all such information provided by You is true, complete and accurate.
Unless expressly provided otherwise in a Separate Agreement to which You are a party, We may cancel or terminate Your account and status as a Client at any time for any reason, with or without cause, without Your consent, and without notice to You. You may cancel or terminate Your Client account at any time (subject to the provisions of any Separate Agreement) by contacting Us. See the Contact Us page on the TGP Website.
With respect to information You provide to Us, additional information regarding security of personally identifiable information is available in Our Privacy Policy.
VI. Software Terms Of Use
The Software Terms set forth in this Section VI (Software Terms of Use) are a part of the Terms of Use. Before accessing or using any of the Software, please read the Software Terms set forth below. The Definitions and Important Data Notice set forth above, and the General Terms set forth below, are also a part of these Software Terms.
VI.1. SOFTWARE--AVAILABILITY
We may make certain Software available to You through Our Websites or for downloading from Our Websites. Please note that We typically license Our Software (including Our tire fitment databases and electronic tire catalogs) only for use in the tire industry, such as by tire manufacturers, distributors, resellers, and retailers, their support service companies, and other tire industry professionals.
VI.2. SOFTWARE--SEPARATE AGREEMENTS
If You download Software from Our Websites, the Software and Your use of the Software are typically governed by a Separate Agreement entered into between You and TGP. If a Separate Agreement is in place, Your use of the Software is governed by the terms and conditions contained in such Separate Agreement, and not by these Terms of Use. At any time that a Separate Agreement is not in place with respect to Your use of the Software, the provisions of these Terms of Use, including these Software Terms, govern Your use of the Software. To the extent that the provisions of any Separate Agreement are in conflict with any of the provisions of these Terms of Use, the provisions of the Separate Agreement shall govern and control Your use and termination of use of such Software.
VI.3. SOFTWARE--OTHER TERMS THAT APPLY
If a Separate Agreement is not in place with respect to Your use of any Software, the following provisions govern Your use of such Software:
VI.4. SAMPLES--AVAILABILITY
We may make certain Samples available on Our Websites. The Samples are intended to be examples and/or descriptions of the content of Our Software and Publications and how they operate. Samples may be made available by downloading through Our Websites, or We may provide You with Samples by other means (such as email) as a result of Your contacting Us through Our Websites. All Samples that are downloaded from Our Websites or otherwise provided to You as a result of Your contacting Us through Our Websites are “Software” under these Terms of Use.
VI.5. SAMPLES--LIMIT ON REPRESENTATION
Although the Samples are intended to be representative of Our actual Software and Publications, the actual features of Our Software and Publications may vary and will be specified in a Separate Agreement for use of the Software and Publications. The Samples may also present sample automotive data, but such data is not to be relied upon for any purpose.
YOU AGREE THAT THE DATA AND INFORMATION PRESENTED IN THE SAMPLES IS REPRESENTATIVE ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. YOU ALSO AGREE THAT YOU WILL NOT USE THE SAMPLES FOR ANY PURPOSE OTHER THAN TO EVALUATE OUR SERVICES TO DETERMINE IF YOU WANT TO LICENSE THEM FROM US.
VI.6. SAMPLES--DOCUMENTATION
We may also make descriptions and sample documentation, which are also “Content” under these Terms of Use, related to Our Software and Publications. These descriptions and documentation provide an indication as to how Our Software and Publications operate, as well as other information regarding Our Software and Publications. Although these descriptions and sample documentation are intended to be representative of Our actual Software and Publications and the documentation that accompanies them, the actual Software and Publications and documentation may vary. For example, We may update Our Software and Publications from time to time and the descriptions and documentation may not always immediately reflect such updates. Thus, the descriptions and sample documentation provided through Our Websites are not to be used for any purpose other than evaluating whether to license Our Software and Publications from Us. If You elect to license Our Software and Publications, the actual product details and accompanying documentation will be in accordance with the Separate Agreement governing use of such Software and Publications.
YOU AGREE THAT YOU WILL NOT USE THE SOFTWARE AND PUBLICATION DESCRIPTIONS AND SAMPLE DOCUMENTATION AVAILABLE ON OUR WEBSITES FOR ANY PURPOSE OTHER THAN TO EVALUATE OUR SOFTWARE AND PUBLICATIONS TO DETERMINE IF YOU WANT TO LICENSE THEM FROM US.
VI.7. SOFTWARE--AMENDMENT OF TERMS OF USE
Notwithstanding any provision of these Terms of Use to the contrary, if these Terms of Use (including the Software Terms) are amended by Us, as provided in these Terms of Use, after You have downloaded the Software, such amendment will not apply to Your use of the Software. The Terms of Use in effect when You downloaded the Software, without such amendment, will continue to govern Your use of the Software. Nevertheless, the Terms of Use, as amended, will govern Your use of Our Websites and all other aspects of the Services.
VII. Hardcopy Publication Terms Of Use
The Hardcopy Publication Terms set forth in this Section VII (Hardcopy Publication Terms of Use) are a part of the Terms of Use. Before accessing or using any of the Hardcopy Publications, please read the Hardcopy Publication Terms set forth below. The Definitions and Important Data Notice set forth above, and the General Terms set forth below, are also a part of these Hardcopy Publication Terms.
VII.1. HARDCOPY PUBLICATIONS--AVAILABILITY
We may make Hardcopy Publications available for purchase through Our Websites. Please note that We typically sell Our Hardcopy Publications (including Our tire fitment databases and electronic tire catalogs) only for use in the tire industry. See the Important Data Notice , above.
VII.2. HARDCOPY PUBLICATIONS--SEPARATE AGREEMENTS
If You purchase Hardcopy Publications through Our Websites, the Hardcopy Publications and Your use of the Hardcopy Publications may be governed by a Separate Agreement entered into between You and TGP. If a Separate Agreement is in place, Your purchase and use of the Hardcopy Publications is governed by the terms and conditions contained in such Separate Agreement, and not by these Terms of Use. At any time that a Separate Agreement is not in place with respect to Your purchase and use of the Hardcopy Publications, the provisions of these Terms of Use, including these Hardcopy Publication Terms, govern Your purchase and use of the Hardcopy Publications. To the extent that the provisions of any Separate Agreement are in conflict with any of the provisions of these Terms of Use, the provisions of the Separate Agreement shall govern and control Your purchase and use of such Hardcopy Publications.
VII.3. HARDCOPY PUBLICATIONS--PURCHASE
You agree to pay the purchase price designated for Your Hardcopy Publications at the time of placing Your order for them. We use a third-party service provider to process credit card payments. You agree to provide true, accurate and correct information regarding Your identity and credit card to the third-party service provider. If Your credit card payment is invalidated for any reason, You agree to provide Us with an alternate means of payment promptly upon Our request.
VII.4. HARDCOPY PUBLICATIONS--OTHER TERMS THAT APPLY
If a Separate Agreement is not in place with respect to Your use of any Hardcopy Publications, the following provisions govern Your purchase and use of such Hardcopy Publications:
VIII. PDF Publication Terms Of Use
The PDF Publication Terms set forth in this Section VIII (PDF Publication Terms of Use) are a part of the Terms of Use. Before accessing or using any of the PDF Publications, please read the PDF Publication Terms set forth below. The Definitions and Important Data Notice set forth above, and the General Terms set forth below, are also a part of these PDF Publication Terms.
VIII.1. PDF PUBLICATIONS--AVAILABILITY
We may make certain PDF Publications available to You through Our Websites or for downloading from Our Websites. Please note that We typically license Our PDF Publications (including Our tire fitment databases and electronic tire catalogs) only for use in the tire industry, such as by tire manufacturers, distributors, resellers, and retailers, their support service companies, and other tire industry professionals.
VIII.2. PDF PUBLICATIONS--SEPARATE AGREEMENTS
If You download PDF Publications from Our Websites, the PDF Publications and Your use of the PDF Publications may be governed by a Separate Agreement entered into between You and TGP. If a Separate Agreement is in place, Your access to and use of the PDF Publications is governed by the terms and conditions contained in such Separate Agreement, and not by these Terms of Use. At any time that a Separate Agreement is not in place with respect to Your use of the PDF Publications, the provisions of these Terms of Use, including these PDF Publication Terms, govern Your use of the PDF Publications. To the extent that the provisions of any Separate Agreement are in conflict with any of the provisions of these Terms of Use, the provisions of the Separate Agreement shall govern and control Your use and termination of use of such PDF Publications.
VIII.3. PDF PUBLICATIONS--LICENSE FEE
You agree to pay the license fee designated for Your PDF Publications at the time of placing Your order for them. We use a third-party service provider to process credit card payments. You agree to provide true, accurate and correct information regarding Your identity and credit card to the third-party service provider. If Your credit card payment is invalidated for any reason, You agree to provide Us with an alternate means of payment promptly upon Our request.
VIII.4. PDF PUBLICATIONS--DELIVERY IN A TANGIBLE MEDIUM
Unless otherwise provided in a Separate Agreement, if a PDF Publication You have ordered is to be delivered to You in a physical medium, such as a compact disk or USB drive, the provisions of Section VII.4 of these Terms of Use that apply to Hardcopy Publications will also apply to shipment, delivery and return of such PDF Publication as if it were a Hardcopy Publication.
VIII.5. PDF PUBLICATIONS--OTHER TERMS THAT APPLY
If a Separate Agreement is not in place with respect to Your use of any PDF Publications, the following provisions govern Your use of such PDF Publications:
VIII.6. PDF PUBLICATIONS--AMENDMENT OF TERMS OF USE
Notwithstanding any provision of these Terms of Use to the contrary, if these Terms of Use (including the PDF Publication Terms) are amended by Us, as provided in these Terms of Use, after You have accessed or downloaded any PDF Publication, such amendment will not apply to Your use of such PDF Publication. The Terms of Use in effect when You first accessed or downloaded the PDF Publication, without such amendment, will continue to govern Your use of such PDF Publication. Nevertheless, the Terms of Use, as amended, will govern Your use of Our Websites and all other aspects of the Services.
IX. Tool Terms Of Use
The Tool Terms of Use (“Tool Terms”) set forth in this Section IX (Tool Terms of Use) are a part of the Terms of Use. Before purchasing or using any Tool, please read the Tool Terms set forth below. The Definitions and Important Data Notice set forth above, and the General Terms set forth below, are also a part of these Tool Terms.
IX.1. TOOLS--AVAILABILITY
We may make Tools available for purchase through the TGP Website. Please note that We typically sell Our Tools only for use in the tire industry.
IX.2. TOOLS--PURCHASE
You agree to pay the purchase price designated for Your Tools at the time of placing Your order for them. We use a third-party service provider to process credit card payments. You agree to provide true, accurate and correct information regarding Your identity and credit card to the third-party service provider. If Your credit card payment is invalidated for any reason, You agree to provide Us with an alternate means of payment promptly upon Our request.
IX.3. TOOLS--OTHER TERMS THAT APPLY
The provisions of Section VII ( Hardcopy Publication Terms ) of these Terms of Use that apply to Hardcopy Publications also apply to shipment and delivery of Tools as if each of the Tools were a Hardcopy Publication.
X. General Terms
The following terms and conditions apply to all of these Terms of Use, including the Website Terms, the Software Terms, the Hardcopy Publication Terms, the PDF Publication Terms, and the Tool Terms.
X.1. LIMITATION ON ACCESS AND USE
Only residents of the United States of America (excluding its territories and possessions) and Canada may access and use Our Websites and the Services. Please do not access or use Our Websites or the Services if You are not eligible to do so.
X.2. MODIFICATIONS AND PRACTICES
You acknowledge and agree that We may, from time to time, without notice to You and at Our sole discretion:
X.3. NO REPRESENTATIONS OR WARRANTIES
You agree that We are not responsible or liable for loss of emails, communications, postings, data or information as a result of, or arising out of, Our administration of Our Websites or the Services.
Our Websites and the Services could include inaccuracies, typographical errors or other errors. We are not responsible or liable for any such inaccuracies or errors in Our Websites or the Services. We also make no commitment to update what is contained in Our Websites or the Services. Furthermore, We reserve the right to temporarily or permanently modify, alter, discontinue or delete the same or any portion of the same without prior notice.
You should not rely upon opinions expressed on or information or data contained in Our Websites when making automotive, business, financial, personal or other decisions. Furthermore, We do not endorse, nor are We responsible or liable for, the opinions of third parties expressed on Our Websites, in the Services, or on linked websites.
We may take, but We are not required to take, any action We deem appropriate, in Our sole discretion, to maintain the high quality of Our Websites and the Services and to protect Ourselves and others. We also reserve the right to temporarily or permanently modify, alter, discontinue or delete any of Our Websites or any of the Services, or any portion of any of them, without prior notice, except as expressly provided otherwise in a Separate Agreement.
Consequently, and without limiting the foregoing,
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR WEBSITES OR THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITES AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT OUR WEBSITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR WEBSITES OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
X.4. CONFIDENTIALITY
We cannot guarantee Your confidential use of Our Websites or the Services. We shall not be responsible for any harm that You or any person may suffer as a result of a breach of confidentiality in respect to Your use of Our Websites or the Services, except as may be provided otherwise by applicable law or a Separate Agreement. We reserve the right at all times to disclose any information as We deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion. See Our Privacy Policy for additional information regarding Our use and handling of personally identifiable information. The Privacy Policy is incorporated by reference as a part of these Terms of Use. If there is any conflict between the Privacy Policy and the other provisions of these Terms of Use, the other provisions of these Terms of Use govern and control collection, use and disclosure of Your personally identifiable information.
X.5. OWNERSHIP
Except as otherwise stated in these Terms of Use, all right, title and interest (including all patent, copyright, trademark and other intellectual property rights) to all Content and the Services belong to Us or Our licensors or other sources. In addition, the names, images and other indicia identifying Our Services are Our proprietary marks.
X.6. LICENSE
Nothing contained in Our Websites or the Services shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of Our intellectual property rights, or under any third party's intellectual property rights, except as expressly provided otherwise in these Terms of Use or in a Separate Agreement. No part of Our Websites or the Services may be used, reproduced, republished, copied, transmitted, modified, altered, performed, displayed, or distributed in any form or by any means, or be used to create any derivative works, except as expressly provided otherwise in these Terms of Use or in a Separate Agreement.
X.7. ACES STANDARDS
Our Software and Publications may contain identifiers, standards and other information derived from the Aftermarket Catalog Enhanced Standard or any successor product (the “ACES Standards”) published by the Auto Care Association (“ACA”). If You license Software and Publications from Us, You may only use the ACES Standards contained therein to the extent that the ACA has granted You the legal right to use such ACES Standards.
X.8. WARRANTY
TGP warrants that the Publications and Tools sold or licensed to You hereunder will be free from physical defects in material and workmanship furnished by TGP and will conform, within normal commercial tolerances, to applicable specifications. TGP warrants that the Data incorporated in the Software and PDF Publications will be properly accessible by You given normal and intended usage in compliance with TGP’s Products User Guide or other documentation or instructions.
This warranty shall apply only where You have given TGP written notice of such defect or nonconformity within ninety (90) days after delivery of the Software, Publications or Tools by TGP to You. This warranty does not extend to any Software, Publication or Tool which has been subjected to abuse, misuse, neglect or accident, or to any Software, Publication or Tool which has been repaired or altered other than by TGP.
THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, QUALITY, PRODUCTIVENESS, OR OTHERWISE.
EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS SECTION X.8, TGP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SOFTWARE, THE PUBLICATIONS, THE TOOLS, OR THE DATA, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITES AND THE SERVICES ARE PROVIDED "AS IS," “AS AVAILABLE,” AND WITHOUT WARRANTY OR GUARANTEE, AND ALL WARRANTIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE), ARE HEREBY EXCLUDED AND DISCLAIMED AND WAIVED BY YOU.
X.9. INDEMNIFICATION
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TGP, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW IN THIS SECTION X.9) INCURRED BY THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO: (A) YOUR USE OR MISUSE OF ANY OF OUR WEBSITES OR ANY OF THE SERVICES; OR (B) THE DATA OR ANY USE OR MISUSE OF THE DATA; (C) YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THE INDEMNITEES OR ANY THIRD PARTY; OR (D) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; OR (E) YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES. FOR PURPOSES OF THIS SECTION X.9, THE TERM “DAMAGES” INCLUDES DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES RELATED TO INJURY TO (INCLUDING DEATH OF) YOU OR ANY OTHER PERSON, DAMAGE TO OR LOSS OF ANY PROPERTY, LOSS OF CONSORTIUM, LOSS OF OPPORTUNITY OR BUSINESS OR CONTRACTUAL RELATIONSHIP, VIOLATION OF ANY RIGHT TO PRIVACY, DEFAMATION OF CHARACTER OR REPUTATION AGAINST ANY PERSON, PRODUCT OR OTHER OBJECT, MENTAL DISTRESS OR ANGUISH, LOSS OF USE OR PROFITS, ATTORNEYS AND EXPERT FEES AND OTHER COSTS THROUGH ANY APPEAL, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF COMPUTER PROGRAMS OR OTHER DATA, COST OF COVER, AND ANY AND ALL OTHER TYPES OF CLAIMS AND DAMAGES OF EVERY KIND, NATURE, AND DESCRIPTION. TGP WILL NOTIFY YOU PROMPTLY OF ANY SUCH LIABILITY, DEMAND, CLAIM, RECOVERY, SETTLEMENT, ACTION, PENALTY, COST, LOSS, OR DAMAGES, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING THE SAME. TGP MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE IF WE DETERMINE THAT YOUR DEFENSE IS NOT ADEQUATE, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
X.10. LIMITATION OF DAMAGES
IN NO EVENT WILL ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OUR WEBSITES OR THE SERVICES, OR USE, MISUSE OR PERFORMANCE OF ANY OF OUR WEBSITES, ANY SERVICES, OR OTHER MATERIALS PROVIDED OR AVAILABLE IN ASSOCIATION WITH ANY OF OUR WEBSITES, THE SERVICES, OR ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON OUR PART OR ON THE PART OF ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS. FOR PURPOSES OF THIS SECTION X.10, THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES THROUGH ANY APPEAL, ANY LOST PROFITS, AND ANY DAMAGES RELATED TO BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE OUR WEBSITES AND THE SERVICES.
X.11. GOVERNING LAWS IN CASE OF DISPUTE
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN BY RESIDENTS THEREOF. TO THE EXTENT THAT WE HAVE THE RIGHT TO BRING ANY ACTION IN COURT UNDER SECTION X.12, BELOW, YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN PALM BEACH, BROWARD OR MIAMI-DADE COUNTY, FLORIDA, USA, AND ALL OTHER COURTS, WHEREVER LOCATED, WHERE WE DETERMINE AN ACTION IS NECESSARY TO ENFORCE OUR RIGHTS UNDER THESE TERMS OF USE.
X.12. INTEGRATION; SEVERABILITY; GENERAL
These Terms of Use incorporate by reference Our Privacy Policy and any notices contained on Our Websites and constitute the entire agreement with respect to Your access to and use of Our Websites and the Services. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
These Terms of Use will be binding upon and inure to the benefit of the parties and each of their respective assigns and successors-in-interest. We may assign Our rights or delegate Our duties under these Terms of Use, but You may not assign Your rights or delegate Your duties under these Terms of Use without Our prior written consent. Except as expressly provided otherwise in these Terms of Use, no third party will have any rights as a third party beneficiary under these Terms of Use. Time is of the essence in the performance of each and every obligation under these Terms of Use. References to “days,” “months,” “quarters,” or “years” mean calendar days, months, quarters or years, respectively. The captions and headings in this Agreement will not be used in interpreting these Terms of Use. No delay or omission in the exercise of any right or remedy will impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. Use of the terms “including” or “includes” does not imply any limitation.
X.13. TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through Our Websites are Our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us or Our products or services, including the Services. Any rights that We have not expressly granted herein are reserved.
All other trademarks, service marks, and trade names not owned by Us that appear in Our Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
X.14. SURVIVAL
Except for the rights granted to You to access and use the Services, as provided in these Terms of Use, the terms, conditions, covenants, indemnifications, releases, waivers, and all other provisions of these Terms of Use shall survive the termination or expiration of these Terms or Use, Our Websites or the Services.
X.15. ARBITRATION
Excluding legal action taken by Us at Our option to obtain an injunction or other equitable relief to prevent the improper appropriation, disclosure, or other misuse of Our intellectual property rights, the Services, and/or Our Websites, the exclusive method for resolving any controversy, dispute or claim arising from or related to these Terms of Use, Our Websites, or the Services, including the construction and scope of these Terms of Use, shall be by arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration regarding any claim, dispute or controversy of any other party. Within ten (10) days after the filing of any request to arbitrate, the parties will each select an arbitrator, and the selected arbitrators will select the Arbitrator within thirty (30) days after the date of such filing. If either party refuses or fails to select an arbitrator within the designated time period, the Association will select the arbitrator on behalf of such party. If the arbitrators selected by the parties refuse or fail to select the Arbitrator within the designated time period, then on the request of any party, the Association will select the Arbitrator. Each of the selected arbitrators and the finally appointed Arbitrator will be recognized by the Association as a legal expert in the field of business practices in the automotive industry. The parties hereby irrevocably agree that the arbitration will be held within the County of Palm Beach, Broward, or Miami-Dade, State of Florida, USA, and will apply the laws of the State of Florida (without regard to their conflicts of law principles). The Arbitrator may award any and all remedies and relief deemed appropriate under the circumstances, including money damages and injunctive relief. If any party fails to provide any response or to appear at any arbitration proceeding, the Arbitrator will proceed with the arbitration without such response or appearance. At the conclusion of the arbitration, the Arbitrator will issue a written award containing essential findings of fact and reasoned opinions and conclusions on which the award is based. The final award rendered by the Arbitrator will be binding, final and non-appealable. Judgment upon any arbitration may be entered in any court having competent jurisdiction thereof. The costs of arbitration and the Arbitrator's fees in connection with any such arbitration will be shared equally by the parties unless the Arbitrator determines that the party or parties prevailing in the arbitration shall bear a lesser portion thereof. This arbitration provision will be deemed to be self-executing and will remain in full force and effect after the expiration or termination of these Terms of Use, Our Websites, and/or the Services. Except as may be required by applicable law, no party, arbitrator, Arbitrator, or the Association will disclose the existence, content, or results of any arbitration hereunder without the express prior written consent of both You and Us. Notwithstanding the above, any party may bring an action in any court of proper jurisdiction with respect to any claim having a reasonable value of U.S. $5,000.00 or less, without considering attorneys fees and other costs.
X.16. NOTICES
All notices or other communications required or permitted to be given to Us under these Terms of Use shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery, to Us at TGP Solutions LLC, 1101-6 S. Rogers Circle, Boca Raton, FL 33487, U.S.A., Attention: Director of Contracts. All notices or other communications required or permitted to be given to You under these Terms of Use shall be to the email address that You provide to Us. Notice shall be deemed given when the email is sent to such email address. Alternatively, We may provide You with notice or communication by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery. In the case of any communication by mail or courier, delivery shall be deemed to have occurred upon receipt of such communication by the recipient thereof.
X.17. ATTORNEYS FEES
In the event any action, claim, litigation, arbitration, mediation, or other proceeding (collectively, “Proceeding”) is initiated by any party against any other party to enforce, interpret or otherwise obtain arbitral, judicial or quasi-judicial relief in connection with these Terms of Use, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all reasonably incurred costs, expenses, and attorney's fees relating to or arising out of (a) such Proceeding (whether or not such Proceeding proceeds to award or judgment), and (b) any post judgment or post award Proceeding, including, without limitation, one to enforce any judgment or award resulting from any such Proceeding. Nothing in this Section X.17 shall be construed to negate or limit the obligation to arbitrate claims and disputes under Section X.15, above.
X.18. COPYRIGHT NOTICE
Copyright © 2014 - 2023 TGP Solutions LLC, 1101-6 S. Rogers Circle, Boca Raton, FL 33487, U.S.A.
We understand that providing personal information online involves a great deal of trust on Your part; we take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personally identifiable information (“personal information”) You provide Us.
This Policy discloses Our personal information privacy practices. We (also “Us” or “Our”) are TGP Solutions LLC and its representatives, members, affiliates and subsidiaries (together, “TGP”). We operate the www.tgp-solutions.com, www.tiresync.com, www.tgpfitments.com, and www.tgpwidget.com websites and other related websites. These websites may be referred to as the “Websites” in this Privacy Policy. The Websites are intended for use by residents of the U.S.A. and Canada that are over 18 years of age.
By accessing or using any of Our Websites, You consent to Our collection, use and disclosure of Your personal information, as provided in this Privacy Policy.
Each Website is governed by Terms of Use. By accepting the Terms of Use for each Website, You also consent to Our collection, use and disclosure of Your personal information, as provided in this Privacy Policy. Capitalized terms used in this Privacy Policy have the definitions given such terms in the Terms of Use for each Website unless otherwise defined in this Privacy Policy.
If You have entered into a Separate Agreement (such as a license agreement) with Us for use of Our products and services (including Services, as defined in the Terms of Use), the provisions of the Separate Agreement will govern use and disclosure of all personal information and other information related to the Separate Agreement. If there is any conflict between this Privacy Policy and a Separate Agreement that governs any information, the Separate Agreement will take priority over this Privacy Policy with respect to that conflict and information.
A SPECIAL NOTE ABOUT CHILDREN
Our Websites are general audience websites, and we do not direct any of Our content specifically at children or minors under 18 years of age.
Children are not eligible to use Our Websites or the services (as defined in the Terms of Use) and we ask that minors (under the age of 18) do not submit any personal information to Us. If You are a minor, You can use Our Website Services only in conjunction with Your parents or guardians.
We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Website user is under age 18, we will promptly delete any personal information in that user’s account.
INFORMATION WE COLLECT ABOUT YOU
General
We may collect the following types of personal information:
Client Information
You may become a “Client” on Our Websites by opening an account with Us. In order to open a Client account, Our representative collects personal information, such as Your name, title, company name, address, email address, telephone numbers, and fax numbers. Our representative may also assign You a Client user name and password when Your Client account is opened.
Developer Information
You may act as a service provider (a “Developer”) to one of Our Clients. For example, You may provide website development and maintenance services to a Client. In such cases, You may also open an account with Us, which is tied to the Client’s account and may allow You to download TGP Software on behalf of the Client. In order to open a Developer account, Our representative collects personal information, such as Your name, title, company name, address, email address, telephone numbers, and fax numbers. Our representative may also assign You a Developer user name and password when Your Developer account is opened. For purposes of this Privacy Policy, Developer accounts, user names and passwords are considered to be the same as, and are treated the same as, Client accounts, user names and passwords, respectively.
Contacting TGP
When You contact Us through Our “Contact Us" webpage, we collect personal information, such as Your name, telephone number, email address, and any information You include in the message box.
When You contact Us by telephone, email or another means (such as to submit a question, comment or suggestion on the Websites, or request assistance with logging onto the Websites or accessing Your Client account), we may collect personal information, such as Your name, telephone number, email address, Client account information (if You are a Client or Developer), and other information You choose to disclose to Us.
Separate Agreements
The Websites may make TGP Services (such as Software, Publications, and Tools) available for Your use or download. If so, You will typically be required to enter into a Separate Agreement for use of such TGP Services. In entering into this Separate Agreement, we collect personal information, such as Your name, title, company name, address, email address, telephone number, company entity type and formation jurisdiction, company website address, Your IP address, and other information related to the Separate Agreement. We may collect similar information each time a Separate Agreement is amended or supplemented and when You download an update to any of the TGP Services. The Separate Agreement also typically specifies the TGP Services purchased or licensed, the pricing structure, use and Data limitations, and other provisions and information.
TireSYNC™
If You access and use TGP’s TireSYNC™ system through the www.tiresync.com Website or a related website, You are also assigned one or more API_Keys (which may also be termed “API Access Key” and “API Pass Key”). We also collect information related to Your usage of the TireSYNC™ system, such as statistics regarding the quantity, identity and timing of data access using the system.
tgpWidget™
If You access and use TGP’s tgpWidget™ system through the www.tpgwidget.com Website or a related website, You are also assigned one or more tgpWidget Codes. We also collect information related to Your usage of the tgpWidget™ system, such as statistics regarding the quantity, identity and timing of data access using the system.
tgpFitments™
If You access and use TGP’s tgpFitments™ system through the www.tpgfitments.com Website or a related website, we also collect information related to Your usage of the tgpFitments™ system, such as statistics regarding the quantity, identity and timing of data access using the system.
Publications and Tools
You may order Publications (as defined in the Terms of Use), in both hardcopy and PDF format, through Our TGP Website. When You place Your order, we collect the name and price of the Publication(s) ordered, the number of each Publication ordered, the means and cost of shipping Your order, and the amount of any tax payable on Your order. In addition, we collect Your shipping information, which includes the name of the person to receive Your order, their (or Your) company name (if applicable), the shipping address, the shipping telephone number, the shipping email address, and whether the shipping address provided is a residential address. In addition, we collect Your billing information, which includes Your name, Your company name (if applicable), Your billing address, Your billing telephone number, Your billing email address, and whether the billing address provided is a residential address.
You may also order Tools (as defined in the Terms of Use) through Our TGP Website. When You place Your order, we collect the number of Tools ordered, the means and cost of shipping Your order, and the amount of any tax payable on Your order. We also collect the same type of shipping and billing information described above for Publications.
For orders of Publications and Tools, we use a third party credit card processor (the “Processor”), which collects information related to Your credit card (such as Your credit card type, number, expiration date, and CVV) used to pay for Your order. The Processor may also collect billing information for Your credit card, which may include information similar to the billing information we collect (see above). We do not access or retain any information You provide to the Processor. Instead, the Processor retains this information. Information regarding the Processor and its policy for maintaining the privacy of Your personal information can be found by clicking on the Privacy link on the http://authorize.net website.
Once Your credit card has been processed, we collect information from the Processor as to whether Your credit card has been approved or rejected for payment of Your order. If approved, we collect information related to the shipment of Your order (such as the name of the shipper, date shipped, and the date the order is delivered to the shipping address).
OTHER INFORMATION WE COLLECT ABOUT YOU
Some information may be collected automatically every time You visit Our Websites. This information is described below.
Cookies, Web Beacons, and Other Tracking Technologies
When You access Our Websites as a Client or visitor, we may collect information about Your computer and assign You a "cookie" (a small, unique identifier text file). You do not provide this information -- it is collected automatically as a means of supporting Your use of Our Websites. The cookie assigned may be a “session” cookie file (deleted at the end of the session) or permanent cookie file on Your computer's hard drive. The cookie may or may not contain any personal information. You can always choose to not receive a cookie file by enabling Your web browser to refuse cookies or to prompt You before accepting a cookie. Be advised that, by refusing to accept a cookie, You may not be able to access some services offered by Us on Our Websites.
Certain portions of our Websites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Computer Information
We may collect certain technical information from Your computer each time You request a page during a visit to Our Websites. This information is collected from Your computer's Web browser and may include Your IP address, operating system, web browser software (e.g., Google Chrome or Mozilla Firefox), screen resolution, internet service provider, clickstream data, date/time stamp, and referring/exiting websites. Wireless users (if You are using Your cellular phone or other mobile device to access the Internet) should check with their wireless company to understand whether personal information may be used to identify them.
USE OF YOUR INFORMATION
General
Information collected by Us may be used to:
Contacting TGP
When You contact Us through Our “Contact Us" webpage, we may use the information You have provided to Us through such webpage (as well as other information You may have provided to Us) to respond to You and for other purposes related to the reason for Your contact.
TGP Products / Separate Agreements
If You download or otherwise access TGP Services that are governed by a Separate Agreement, we use Your personal information to prepare the Separate Agreement for Your purchase, license and use of such Services. We may also use and disclose all of Your personal information as we deem necessary in administering, enforcing and all other matters related to Your Separate Agreement (or Your Client’s Separate Agreement if You are a Developer). We may also use Your email address, address, telephone number, and other contact information to contact You in matters related to Your Separate Agreement. We may use Your email address, address, telephone number, or other contact information to inform You of updates, changes and other matters related to the Services or Your Separate Agreement.
TGP Software / Terms of Use
If You download or otherwise access TGP Software through the Websites that are governed by the Terms of Use (and not subject to a Separate Agreement), we may use and disclose all of Your personal information as we deem necessary in administering, enforcing and all other matters related to the Terms of Use and Your compliance with them. We may also use Your email address, address, telephone number, and other contact information to contact You in matters related to the Software and the Terms of Use. We may use Your email address, address, telephone number, or other contact information to inform You of updates, changes and other matters related to the Software and the Terms of Use.
Client Accounts
If You register to become a Client, we use Your information to create Your Client account. We may also use Your information in managing Your Client account, such as by preparing product updates for You and sending You notices and information regarding Your Client account. Except as provided otherwise in the Terms of Use or a Separate Agreement, we may terminate Your Client account at any time for any reason, with or without cause, and without notice to You.
Access to Your Client Account
When You access Your Client account, we use Your personal information (Client user name and password) as a security measure to be sure that You have authorized the access to Your Client account.
Developer Accounts
If You register as a Developer, we use Your information to create Your Developer account. We may also use Your information in managing Your Developer account, such as by preparing product updates for You and sending You notices and information regarding Your Developer account. Except as provided otherwise in the Terms of Use or a Separate Agreement, we may terminate Your Developer account at any time for any reason, with or without cause, and without notice to You.
Access to Your Developer Account
When You access Your Developer account, we use Your personal information (Developer user name and password) as a security measure to be sure that You have authorized the access to Your Developer account.
Access to TireSYNC™
When You access the TireSYNC™ system using the www.tiresync.com Website and related websites, we use Your personal information (Client API_KEY) as a security measure to be sure that You have authorized the access to the TireSYNC™ system. We may use information regarding Your use of the TireSYNC™ system in matters related to any Separate Agreement, such as determining Your compliance with the Separate Agreement and any related agreement(s).
Access to tgpWidget™
When You access the tgpWidget™ system using the www.tpgwidget.com Website and related websites, we use Your personal information (such as Your assigned tgpWidget Code) as a security measure to be sure that You have authorized the access to the tgpWidget™ system. We may use information regarding Your use of the tgpWidget™ system in matters related to any Separate Agreement, such as determining Your compliance with the Separate Agreement and any related agreement(s).
Access to tgpFitments™
When You access the tgpFitments™ system using the www.tpgfitments.com Website and related websites, we use Your personal information as a security measure to be sure that You have authorized access to the tgpFitments™ system. We may use information regarding Your use of the tgpFitments™ system in matters related to any Separate Agreement, such as determining Your compliance with the Separate Agreement and any related agreement(s).
Orders of Publications and Tools
When You order TGP Publications and Tools through the TGP Website, we use the information You provide to process and ship Your order to You or to permit You to download PDF Publications in Your order from Our Websites. We may also use and disclose all of Your personal information as we deem necessary in administering, enforcing and all other matters related to the Terms of Use or any Separate Agreement governing the purchase and use of such Publications and Tools. We may also use Your email address, address, telephone number, and other contact information to contact You in matters related to the Terms of Use and Your compliance with them. We may use Your email address, address, telephone number, or other contact information to inform You of updates, changes and other matters related to the Publications and Tools and the Terms of Use.
Special Promotions
We may have special promotions from time to time. We may use Your email address to send You communications regarding these special promotions. If You notify Us that You do not wish to receive communications for special promotions, we will not send them to You. One or more of Our representatives may assist Us in facilitating the distribution of survey or promotion programs. The representatives may use Your name, email address, and other contact information for such purposes. See SHARING OF YOUR INFORMATION, Corporate Affiliates, below.
Customer Support or Questions/Suggestions
If You request assistance with logging onto the Websites or accessing Your Client / Developer account or the TireSYNC™ system or the tgpWidget™ system, we may use Your email address, address, telephone number, and other information to respond to Your request.
Account Closure
If You or we close Your Client / Developer account, we may use Your information to complete the account closure. We may also use Your email address and/or address to send You a Client / Developer account closure confirmation.
Other Responses
In other cases, we may use Your name, email address, address, telephone number, and/or other pertinent information to respond when You submit a question, comment or suggestion.
Improving the Quality of Your Visit to Our Websites
When You browse the Websites, You do so anonymously (except in the case of the TireSYNC and tgpFitments Websites, as noted above). Personal information is not collected. Each Website may track information about the visits to that Website. For example, statistics are compiled that show the daily number of visitors to a Website, the daily requests received for particular files on a Website, and what countries those requests come from. These aggregated statistics are used to customize Our Websites to better meet Your needs and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information.
We may collect information about Your computer (not Your name, address, e-mail address, or telephone number) through Your permanent cookie file for the purpose of assessing the effectiveness of Website content and traffic. This data allows Us to improve the quality of Your visit by streamlining Your ability to navigate the Websites and develop featured programs and content that will be of interest to Our Clients and Website visitors. In addition, we use information collected from Your computer, which does not identify individual users, to analyze trends, to administer the Websites, to track users’ movements around the Websites, and to gather demographic information about Our user base as a whole.
SHARING OF YOUR INFORMATION
General
TGP does not sell or rent Your personal information to anyone.
Corporate Affiliates
We may share Your personal information among Our member, representative, subsidiary, parent, and affiliated organizations, but the information will be used by them for internal purposes only and for purposes related to the Websites, Your Client / Developer accounts and Separate Agreements, and Your order of TGP Services.
For example, TGP uses affiliated, but separate organizations (such as Pearl Communications Inc., and Tire Guides, Inc.) to act as Our representatives in matters related to maintaining the Websites and marketing, licensing and supporting TGP’s products. If You direct a communication to TGP, that communication may be forwarded to one of Our representatives, which will respond to You as TGP’s representative.
TGP and Our representatives may each act as a data collector and/or a data processor with respect to Your personal information that we collect and use.
It is possible that we, Our members, representatives, subsidiaries, affiliates, joint ventures, business assets, or any combination of these, could merge with or be acquired by another business entity. Should such a combination or result occur, You should expect that all of Your personal information will be transferred to the merging or acquiring business entity. We cannot assure, however, that the new entity will follow the practices disclosed in this Privacy Policy.
OUR PARTNERS
We may partner with reputable third parties to offer Our Clients and Website visitors a variety of products and services. For example, we may share Your personal information with a third party service provider that assists us with sending promotional emails and other correspondence.
All services throughout Our Websites that are provided by a third-party partner are described as such in this Privacy Policy or elsewhere in the Websites. Although we only work with reputable third parties, Our business partners may have different privacy policies and practices than we do. We encourage You to review Our business partners' privacy policies to further understand their procedures for collecting, using, and disclosing Your personal information.
OUR LEGAL OBLIGATIONS
We may be required by law or legal process to disclose personal information and other information You have provided Us in Your use of Our Websites or Services. We may also disclose information to enforce the Terms of Use or a Separate Agreement or related agreement (such as a developer agreement), as well as to protect Us and/or Our Clients and users against someone who poses a threat to Our interests (such as customer fraud) or whose activities could bring harm to others. As a result, we may, in Our discretion, disclose any information about You to law enforcement or other government officials as we, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose You or Us to legal liability. We may also disclose any information about You that may be required by a court or tribunal or through some other proper legal process. Some of these rights to disclose information are further described in the Terms of Use that govern use of Our Websites and Services.
OTHER WEBSITES
There may be places throughout Our Websites that may link You to other websites that do not operate under Our information privacy practices. When You click through to these websites, Our information privacy practices no longer apply, and we are not responsible for use or disclosure of information obtained from You through such websites. We recommend that You examine the privacy statements for all third party websites to understand their procedures for collecting, using, and disclosing Your information.
OTHER DISCLOSURES
We cannot ensure that all of Your private communications and personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications, or they may abuse or misuse Your personal information that they collect from Our Websites. Therefore, although we use industry standard practices to protect Your privacy, we do not promise, and You should not expect, that Your personal information or private communications will always remain private.
ACCESS TO AND CHANGE OF PERSONAL INFORMATION
Upon Your request, we will provide You with a copy of Your personal information that we maintain in Our active databases. To make this request, You may send an email to support@tgp-solutions.com.
Upon Your request, we will change the personal information in Your Client or Developer account. To make a change request, You may send an email to support@tgp-solutions.com. Such personal information will be changed as soon as reasonably possible in accordance with Our change policy and applicable law.
Nevertheless, we may elect to not change Your information where we are not required to do so by applicable law. For example, we may refuse to change Your personal information related to any Separate Agreement and/or Your use of TGP Services. If You are a party to a Separate Agreement with Us, You may change Your personal information for purposes of the Separate Agreement only in accordance with the terms of the Separate Agreement.
OBJECTION TO AND RESTRICTION OF USE OF PERSONAL INFORMATION
You may object to Our use of Your personal information. To make this objection, You may send an email to support@tgp-solutions.com. We will cease the use of Your personal information to which You object as soon as reasonably possible in accordance with Our change policy and applicable law. We may, however, refuse to comply with Your objection if applicable law allows Us to do so, such as where use of the information is necessary for complying with or enforcing a Separate Agreement or the Terms of Use. If we refuse to comply with Your objection, we will let You know why.
You may also request that we restrict Our use of Your personal information. To make this request, You may send an email to support@tgp-solutions.com. We will restrict Our use of Your personal information in compliance with Your request as soon as reasonably possible in accordance with Our change policy and applicable law. We may, however, refuse to comply with Your request if applicable law allows Us to do so, such as where use of the information is necessary for complying with or enforcing a Separate Agreement or the Terms of Use. If we refuse to comply with Your request, we will let You know why.
TRANSFER OF PERSONAL INFORMATION
Our collection and use of Your personal information is typically specific to Your Client or Developer account, Your use of Our Services, and any Separate Agreement You may have with Us. It would be unusual for Us to maintain information about You that would be useful for any other purpose, except information that is general in nature. As a result, if You would like to transfer Your personal information that we maintain to another party, please request that we send a copy of Your personal information to You, as provided above, and we will send that information to You so You can then transfer it to someone else.
Nevertheless, certain information related to Your use of Our Services and any Separate Agreements may be Our proprietary and confidential information, and will not be provided to You. If we refuse to provide You with any such information, we will let You know why.
RETENTION OF PERSONAL INFORMATION
Upon Your request, we will deactivate Your Client / Developer information from Our active databases. To make this request, You may send an e-mail to support@tgp-solutions.com. Such information will be deactivated as soon as reasonably possible in accordance with Our deactivation policy and applicable law.
We may retain in Our files information You have requested be removed in some circumstances, such as to resolve disputes, troubleshoot problems, and enforce Our Terms of Use and the terms of any Separate Agreements You have that permit use of TGP Services. Further, such prior information may never be completely removed from Our databases due to technical and legal constraints, including stored “back up” systems. Therefore, You should not expect that all of Your personally identifiable information will be completely removed from Our databases in response to Your request, except as may be required otherwise by applicable law.
PROTECTING YOUR INFORMATION
We use industry standard practices to safeguard the confidentiality of Your personal information, including “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside Our company. However, “perfect security” does not exist on the Internet, and we will not be responsible or liable for unauthorized access to or use of any personal information, except to the extent required otherwise by applicable law.
CHANGES TO THE PRIVACY POLICY
We reserve the right at any time to add to, change, update, or modify this Privacy Policy simply by posting such addition, change, update, or modification on the Websites and without any other notice to You, except to the extent required otherwise by applicable law. Any such addition, change, update, or modification will be effective immediately upon posting on the Websites. It is Your responsibility to review this Privacy Policy from time to time to ensure that You continue to agree with all of its terms. If You do not agree with any such additions, updates, modifications or changes, please notify Us of Your disagreement. Your sole recourse related to such change, however, is to request that we deactivate Your Client / Developer account. We may, but we are not required, to notify Clients and Developers of changes to this Privacy Policy by email at their registered email addresses, except to the extent required otherwise by applicable law.
CONTACTING TGP
If You have questions about Our Privacy Policy, please contact Us by e-mail at support@tgp-solutions.com.
EFFECTIVE DATE
This Privacy Policy is effective as of April 21, 2023, and supersedes all prior versions of this Privacy Policy.