Les Schwab’s Website Terms of Use

Effective Date: 6/13/2024

Last Reviewed: 6/13/2024

Introduction

Welcome! Les Schwab Warehouse Center, LLC DBA Les Schwab Tire Centers is committed to providing a great customer experience. These Terms of Service (“Terms”) govern the use of https://www.lesschwab.com/, and any content, features, functionality, and services available through the site, such as the chat box, appointment feature, and My Account (collectively, the “Website”). These terms apply whether you are accessing the Website as a guest or a registered user. These terms are provided to you jointly by all the Les Schwab companies listed at the end of this Policy and their affiliated member-dealers (collectively, “Les Schwab”). Les Schwab is comprised of several affiliate companies, all in the business of serving our customers’ tire needs.

We know these terms are lengthy, but it’s important that you carefully review the Terms before you start to use the Website. By using the Website, you accept and agree to these Terms. If you do not want to agree to these Terms do not use the Website. For ease of use, we provide summaries of each section in these Terms below the section being summarized. These summaries are for your convenience only, and they do not change the meaning of the language being summarized in any way. If there is any discrepancy or potential differences in interpretation between the summaries and language being summarized, the language being summarized will control as the definitive version of these Terms.

From time to time we may change these Terms in our sole discretion. Changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If we make any significant changes, we may notify you via the Website or using your contact information (if we have your contact information).

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We recommend you check this page when you access the Website so you can be aware of any changes.

Entire Agreement

These Terms, together with the Privacy Policy, Credit Terms and Conditions, Payment Service Terms and Conditions, and any other applicable terms available on the Website, constitute the sole and entire agreement between you and Les Schwab regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

If the Privacy Policy, Credit Terms and Conditions, Payment Service Terms and Conditions, or other applicable terms ‎apply to your use of certain parts or features of the Website, then those terms shall control while you are using such parts or features in case of any inconsistency or conflict with these Terms.

Website Features and Content

Les Schwab reserves the right to take down or change the Website, and any service, feature, functionality, content or information we provide on the Website, at any time. ‎From time to time, you may not have access to some parts of the Website, or the entire Website. Information on the Website may not always be up to date. Les Schwab will not have any liability for changes to the Website, the unavailability of the Website or any part of the Website, or for any out-of-date information on the Website.

Accounts

To access some parts of the Website, including My Account, you may be asked to provide certain registration details or other information. You agree to provide correct, current, and complete information. You agree that all information you provide, to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy.

You agree you will treat your account information as confidential, and will not disclose it to any other person or entity. You are responsible for any actions taken in connection with your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You will ensure that you exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any username, password, or other identifier, at any time, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

Ownership

The Website and its entire contents, features, and functionality (including but not limited to all trademarks, logos, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Les Schwab or its licensors, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws, as applicable.

The posting of information or other content on this Website by Les Schwab does not constitute a waiver of any proprietary right in such information and content, and does not transfer or license any rights in any of the foregoing to a user of the Website or any other third party, except as expressly provided herein.

Your Personal Use

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, or delete or alter any copyright, trademark, or other proprietary rights notices from this Website.

Prohibited Uses

The safety and comfort of our customers is paramount to us, both at our physical locations and on our Website. As such, we have guidelines around how users may use the Website, and prohibited actions that users are not allowed to take on the Website.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to engage in any conduct that restricts or inhibits anyone else’s use or enjoyment of the Website, or which, as determined by us, may harm Les Schwab or users of the Website, or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

By way of example only, you may not use the Website:

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards in the User Content section of these Terms;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate Les Schwab, a Les Schwab employee, another user, or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing);
• To infringe the intellectual property rights of Les Schwab or any third party; or
• To engage in any other conduct that restricts or inhibits anyone else’s use or enjoyment of the Website, or which, as determined by us, may harm Les Schwab or users of the Website, or expose us or them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, or scrape, by any means, information or data from the Website;
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.

User Content

The Website may contain review features, chats, personal profiles, and other interactive features that allow users to message, submit, publish, display, or transmit to Les Schwab content or materials (collectively, “User Content”) on or through the Website. ‎All of your User Content must comply with these Terms. ‎

Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content to the Website, you represent and warrant that you own or control all rights in and to the User Content and grant us and our affiliates and service providers, and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Les Schwab, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

You may not submit any User Content that:

• Contains any material that is false, fraudulent, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy;
• Is likely to deceive any person;
• Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
• Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
• Impersonates any person or misrepresents your identity or affiliation with any person or organization;
• Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• Gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Copyright Agent via email at copyright@lesschwab.com or by mail Attn: Legal Dept., Les Schwab Tire Centers, PO Box 5350, Bend, OR 97708. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If your User Content is removed and you believe it should not have been under the DMCA (for example, if you believe that your User Content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content), you may send a counter-notice to our Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against you as the provider of the User Content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion. To submit a counter-notice, you must provide the following information in writing (see 17 U.S.C 512(g)(3) for further detail):

• Your address, telephone number, and email address;
• Your electronic or physical signature;
• A description of the copyright-protected work or other intellectual property right that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address you provided is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original takedown notice or an agent of such person.

If you believe any User Content violates your trademark rights or other intellectual property rights, please send an email to copyright@lesschwab.com or letter to Attn: Legal Dept., Les Schwab Tire Centers, PO Box 5350, Bend, OR 97708. We may remove any such User Content in our sole discretion.

Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Third Party Content

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

No Warranties

THE WEBSITE IS MADE AVAILABLE SOLELY FOR YOUR CONVENIENCE AND GENERAL INFORMATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED‎, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ‎MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER LES SCHWAB NOR ANY PERSON ASSOCIATED WITH LES SCHWAB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LES SCHWAB NOR ANYONE ASSOCIATED WITH LES SCHWAB REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ITS CONTENTS, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LES SCHWAB OR OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless Les Schwab, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns for, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or your use of the Website.

Governing Law; Venue; Limitation on Actions

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be heard in the state courts located in the city of Bend, Oregon and county of Deschutes, or in the U.S. District Court for the District of Oregon, Eugene Division, as applicable. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action arises.

Waiver; Severability

No waiver by Les Schwab of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Les Schwab to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Les Schwab Companies Providing These Terms

This Policy is provided by the Les Schwab companies listed below.

Les Schwab Tire Centers of Portland, LLC
Les Schwab Tire Centers of Washington, LLC
Les Schwab Tire Centers of California, LLC
Les Schwab Tire Centers of Central California, LLC
Les Schwab Tire Centers of Idaho, LLC
Les Schwab Tire Centers of Boise, LLC
Les Schwab Tire Centers of Montana, LLC
Les Schwab Tire Centers of Nevada, LLC
Les Schwab Tire Centers of Utah, LLC
Les Schwab Tire Centers of Colorado, LLC
Les Schwab Warehouse Center, LLC

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

Phone Number: (844) 486-5252

Address: Les Schwab Tire Centers, PO Box 5350, Bend, OR 97708