Terms & Conditions

1.1

These Terms & Conditions (“Terms”) govern (a) your access to and use of natireshub.com and any related pages or applications (the “Site”), and (b) your purchase of tires and related goods (“Products”) from us. We are New American Tires Hub, a legal entity, doing business as Tire sellers (“New American Tires Hub,” “we,” “us,” “our”), located at Corporate Office in Sacramento, CA.

1.2 Documents that form part of these Terms.

The following are incorporated into and form part of these Terms by reference:

• the Shipping & Payment Policy
• the Return & Refund Policy
• the Privacy Policy

Where a conflict exists between these Terms and one of those documents on a subject that document specifically addresses, that document controls on that subject.

1.3 Acceptance.

By accessing the Site or placing an order, you agree to these Terms. If you do not agree, do not use the Site or place an order. If you are acting on behalf of a business or other organization, you represent that you have authority to bind it, and “you” refers to that organization.

1.4 Eligibility.

You must be at least legal age and able to form a binding contract to purchase from us or create an account. The Site is not directed to children, and we do not knowingly collect information from anyone under 18. See the Privacy Policy.

1.5 Changes to these Terms.

We may update these Terms. Changes take effect when we post the updated version with a new Effective Date. We will not apply material changes retroactively to orders already placed. For material changes, we will provide notice on the Site and, where you hold an account, by email. Your continued use of the Site or placement of a new order after the Effective Date constitutes acceptance. Changes to Section 11 (Disputes) are subject to Section 11.6.

2.1

You may place an order as a guest or you can create an account to place an order.

2.2

You agree to provide accurate, current and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for activity under your account. Notify us promptly at info@natireshub.com or sales@natireshub.com if you believe your account has been compromised.

2.3

We may refuse, restrict, suspend or close an account, or refuse service to any person, at our discretion, including where we reasonably suspect fraud, payment abuse, return abuse, or violation of these Terms. Where we do so and you have a pending paid order, we will cancel and refund it.

3.1 Source of specifications.

Product descriptions, sizes, load indexes, speed ratings, load ranges, treadwear grades, warranty references and other specifications are supplied to us by manufacturers and suppliers, or are derived from supplier product data. We present this information in good faith but do not independently manufacture or test the Products.

3.2 No guarantee of accuracy or completeness.

Specifications may be incomplete, may change without notice, and may occasionally contain errors. Where a specification on the Site conflicts with the marking on the tire sidewall or with the manufacturer’s published data, the sidewall marking and the manufacturer’s data control.

3.3 Images are illustrative.

Product images are taken at a point in time and may be retouched for clarity on digital screens. Tread patterns, sidewall markings, colour and packaging may differ from the image shown. Do not rely on an image to determine fitment or specification.

3.4 Fitment is your responsibility, and we will help.

You are responsible for selecting a tire that is correct and safe for your vehicle, its load requirements, and its intended use. We will assist you at no charge — call (916) 520-1702 or email info@natireshub.com or sales@natireshub.com before ordering and we will help you confirm size, load index, speed rating and load range against your vehicle placard and sidewall.

3.5 What we do not warrant.

We do not provide a vehicle year/make/model fitment guarantee, and we do not warrant that any Product is compatible with a specific vehicle. Consult your vehicle owner’s manual, the tire placard on your driver’s door jamb, or a qualified tire professional. Where you have relied on written size-verification assistance from us and we confirmed an incorrect size, contact us — see the Return & Refund Policy.

3.6 Tire age and DOT date codes.

Some Products are sold as clearance, aged-stock or final-sale items. Where a Product’s manufacture date is materially older than current production, we identify this on the product page and in the product title, and that Product is sold subject to the terms stated on its page. If a listing does not carry such a designation, we do not knowingly offer it as aged stock. If you have any question about the DOT date code of a specific Product before ordering, contact us and we will tell you what we know. Tire manufacturers and safety authorities publish guidance on tire service life; we encourage you to review it.

3.7 Tire registration.

Tire registration supports manufacturer recall notification. We register the tires you purchase with the manufacturer or distributors on your behalf using the information provided with your order. You may also register directly with the manufacturer. Keeping your registration current is how manufacturers reach you in the event of a recall.

4.1 An order is an offer.

Your submission of an order is an offer to purchase. Our order confirmation email is an acknowledgement that we received your order — it is not acceptance.

4.2 When the contract forms.

A binding contract of sale forms only when we ship the Product to you (or, for split shipments, as to each Product when that Product ships). Until then we may decline or cancel the order for any lawful reason.

4.3 Pricing and description errors.

Despite our efforts, a Product may occasionally be listed at an incorrect price or with an incorrect description. Where a Product is listed at an incorrect price, we may cancel or decline the order — before or after the order confirmation — and we will notify you and refund any amount charged, less only any deduction permitted by applicable law. Where the error is in our favour and we discover it after shipment, we will not seek additional payment from you. We are not obliged to sell at an erroneous price.

4.4 Availability and quantity limits.

All orders are subject to availability. We may limit or cancel quantities purchased per person, per household, per order, or per address, including orders that appear to be placed by dealers, resellers or distributors where retail terms were used.

4.5 Order verification.

We may verify orders before shipment, including confirming billing information, delivery address and identity. Where we cannot verify an order, we will cancel and refund it.

4.6 Prices.

Prices are in US dollars and are for the Product only. Unless expressly stated on the product page, prices exclude shipping, handling fees, taxes, and applicable state and local tire, recycling or disposal fees. All applicable charges are itemized at checkout before you pay. Prices may change at any time; the price that applies to your order is the price displayed at the time you place it, subject to Section 4.3.

4.7 Taxes and regulatory fees.

You are responsible for all applicable sales and use taxes and for any state or local tire fee, recycling fee, disposal fee or environmental fee. California imposes a per-tire California Tire Fee on retail sales of new tires; other states impose comparable fees. Where such a fee applies to your order it is shown at checkout.

4.8 Federal Excise Tax.

Certain heavy-duty and commercial tires are subject to Federal Excise Tax. Where FET applies it is reflected in the price shown or itemized at checkout.

4.9 Payment.

We accept PayPal and legal bank cards (debit or credit). By submitting payment information you represent that you are authorized to use the payment method. We or our payment processor may place an authorization hold at the time of order, and the charge is captured when the order is placed. We do not store full payment card numbers; payment is processed by our payment provider and identified to us by order number and payee name.

4.10 Title and risk of loss.

Title and risk of loss pass to you upon delivery of the Product to the delivery address. Claims for loss or damage in transit are handled under the Shipping & Payment Policy.

4.11 Cancellation by you.

You may request cancellation before a Product ships by contacting us at (916) 520-1702 or info@natireshub.com or sales@natireshub.com. Once a Product has shipped, cancellation is handled as a return under the Return & Refund Policy.

4.12 Out-of-stock and delayed orders.

Where we cannot ship within the time stated at checkout, your rights — including your right to cancel for a refund — are set out in the Shipping & Payment Policy.

6.1

Products sold through the Site at retail are intended for end users. Purchase for resale, and wholesale or trade terms, are available only under a separate written agreement with us. If you wish to purchase for resale, contact info@natireshub.com or sales@natireshub.com rather than ordering at retail.

6.2

We may cancel retail orders that we reasonably believe are placed for resale, and we may require documentation (including a valid resale certificate) before accepting a trade order.

6.3

Where you purchase under a separate written wholesale or trade agreement, that agreement controls to the extent it conflicts with these Terms.

8.1 Manufacturer warranty.

Tires are covered by the warranty offered by their manufacturer, if any. We are a retailer, not the warrantor. Warranty terms, coverage, exclusions and claim procedures are set by the manufacturer.

8.2 Warranty references in listings.

Where a product listing references a treadwear mileage figure, road hazard coverage, a workmanship warranty or a satisfaction guarantee, that reference reflects information supplied to us by the manufacturer or supplier and describes the manufacturer’s program, not a warranty offered by us. Coverage, eligibility and claim requirements are determined by the manufacturer and may require proof of purchase, registration, or installation and service records.

8.3 Making a claim.

For a warranty claim, contact us at info@natireshub.com or sales@natireshub.com or (916) 520-1702 and we will identify the manufacturer’s claim procedure and provide your proof of purchase. Warranty inspections are generally performed by an authorized dealer or service centre for the brand.

8.4 Authorization status.

We are not an authorized dealer for every brand we offer, and manufacturer warranty coverage may depend on purchase from an authorized dealer. Where you require confirmation of warranty coverage for a specific brand before purchase, contact us and we will tell you what applies.

8.5 Trademarks of others.

Brand names, logos and model names shown on the Site are the trademarks of their respective owners. Their display identifies the products we offer and does not imply any affiliation with, sponsorship by, endorsement by, or authorized-dealer status with any manufacturer, except where we expressly state otherwise in writing.

9.1 The Site.

The Site is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties regarding the Site, including that it will be uninterrupted, timely, secure, or error-free, and that content on it will be accurate or complete.

9.2 The Products.

To the maximum extent permitted by applicable law, and except as stated in Section 8 and Section 9.3, we disclaim all implied warranties with respect to Products, including implied warranties of merchantability and fitness for a particular purpose.

9.3 California and other consumer protections — important.

Some states, including California, do not permit the exclusion of certain implied warranties on consumer goods. Nothing in these Terms excludes, limits or modifies any right you have under the California Song-Beverly Consumer Warranty Act, the California Consumers Legal Remedies Act, the Magnuson-Moss Warranty Act, or any other consumer protection law that cannot lawfully be waived. Where such a law applies, these disclaimers apply only to the extent that law permits.

9.4 Third-party sites and services.

The Site may link to or interoperate with third-party websites and services. We do not control them and are not responsible for their content, products, or practices. Your use of them is governed by their terms and privacy policies.

10.1 What is excluded.

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill, or vehicle use, arising out of or relating to the Site, the Products, or these Terms, even if advised of the possibility.

10.2 Cap.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to any order will not exceed the amount you paid to us for the Products giving rise to the claim.

10.3 What is NOT limited — read this.

Nothing in these Terms limits or excludes our liability for:

• death or personal injury;
• gross negligence or willful misconduct;
• fraud or fraudulent misrepresentation;
• product liability, to the extent such liability cannot lawfully be limited; or
• any other liability that cannot lawfully be excluded or limited under applicable law, including under the Song-Beverly Consumer Warranty Act and the Consumers Legal Remedies Act.

10.4

Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you. Where a limitation is unenforceable, it applies to the maximum extent permitted, and the remainder of these Terms remains in effect.

11.1 Informal resolution first.

Before starting arbitration or a court action, you agree to contact us and give us 60 days to resolve the dispute informally. Send a written notice describing the dispute and the relief you seek to info@natireshub.com or sales@natireshub.com and to our corporate office in Sacramento, CA, Attention: Legal. We will do the same before bringing a claim against you. Most disputes are resolved at this stage.

11.2 Agreement to arbitrate.

If informal resolution does not succeed, any dispute arising out of or relating to these Terms, the Site, or the Products will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, available at www.adr.org. The Federal Arbitration Act governs this Section. An arbitrator may award the same individual relief a court could.

11.3 Exceptions — what you may still bring in court.

• Small claims court. Either of us may bring a qualifying claim in small claims court instead of arbitration.
• Public injunctive relief. Nothing in this Section prevents you from seeking public injunctive relief. Any claim for public injunctive relief may be brought in a court of competent jurisdiction, and that claim will be stayed pending the outcome of arbitration of your individual claims.
• Intellectual property. Either of us may seek injunctive relief in court to protect intellectual property or confidential information.

11.4 Class action and jury trial waiver.

Arbitration will be on an individual basis only. You and we waive any right to participate in a class, collective, consolidated or representative action, and any right to a jury trial. No arbitrator may consolidate claims or preside over a class proceeding without both parties’ consent.

11.5 Your right to opt out — 30 days.

You may opt out of Sections 11.2 and 11.4 by sending written notice within 30 days of your first acceptance of these Terms. Your notice must state your name, address, email address, and that you are opting out of arbitration, and must be sent by mail to:

New American Tires Hub, Attention: Legal — Arbitration Opt-Out, 100 Corporate Center Drive, Suite 200, Sacramento, CA 95834.

You may also send a copy to info@natireshub.com or sales@natireshub.com, but the mailed notice is what counts. Opting out affects only arbitration — it does not affect any other part of these Terms and will not affect your ability to purchase from us.

11.6 Changes to this Section.

If we change this Section 11, you may reject the change by written notice to the address in 11.5 within 30 days of the change, in which case the most recent prior version applies to you. You need not send a rejection if you already opted out under 11.5.

11.7 If the class waiver fails.

If Section 11.4’s class waiver is found unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and will proceed in court; all other claims remain in arbitration. If Section 11.4 is found unenforceable in its entirety, then Section 11.2 is void in its entirety and disputes will be resolved in the courts identified in Section 12.2.

11.8 Fees.

Arbitration fees are governed by the AAA Consumer Arbitration Rules. We will pay any portion of the filing, administrative and arbitrator fees that exceeds what you would pay to file in court, unless the arbitrator finds your claim frivolous.

11.9 Mass filings.

If 25 or more similar claims are asserted against us by the same or coordinated counsel, the parties will cooperate with AAA to administer them efficiently, including through staged bellwether proceedings and staged fee payment, and any applicable limitations period is tolled for claims awaiting their stage.

11.10 Location.

Arbitration will be conducted by telephone, video, or on written submissions, or in person in the county where you reside, at your election.

12.1 Governing law.

These Terms and any dispute are governed by the laws of the State of California, without regard to conflict of laws principles, and by the Federal Arbitration Act with respect to Section 11. Nothing in this Section deprives you of the protection of mandatory consumer protection provisions of the law of the state where you reside.

12.2 Venue.

For any dispute not subject to arbitration, the state and federal courts located in Sacramento County, California have exclusive jurisdiction, and both parties consent to personal jurisdiction there — subject always to Sections 11.3 and 12.1.

12.3 Reviews and submissions.

If you submit a review, comment, photo, or other content, you grant us a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, display and distribute it in connection with our business, and you confirm you have the rights to grant it. You are responsible for what you submit. We may decline to publish or may remove content that is unlawful, infringing, abusive, fraudulent, off-topic, or that contains personal information. We do not remove or refuse to publish a review solely because it is negative, and we do not condition any benefit on writing a positive review.

12.4 Copyright complaints.

If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent: Legal Department, corporate office in Sacramento, CA, email: legal@natireshub.com.

12.5 Our intellectual property.

The Site, its design, text, graphics and compilation of content are owned by us or our licensors and protected by intellectual property law. We grant you a limited, revocable, non-transferable licence to access and use the Site for personal, non-commercial purposes.

12.6 Electronic communications.

You consent to receive communications from us electronically, including order confirmations, notices, and legal disclosures. Electronic communications satisfy any legal requirement that a communication be in writing.

12.7 Force majeure.

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including carrier disruption, severe weather, labour action, supply interruption, or government action. Where such an event prevents shipment, your rights under the Shipping & Payment Policy apply.

12.8 Severability.

If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remainder continues in full force.

12.9 No waiver.

Our failure to enforce a provision is not a waiver of it.

12.10 Assignment.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

12.11 Entire agreement.

These Terms, together with the Shipping & Payment Policy, the Return & Refund Policy and the Privacy Policy, are the entire agreement between you and us regarding the Site and your purchases, and supersede prior understandings on that subject. Nothing in this Section limits any liability for fraudulent misrepresentation.

12.12 Accessibility.

We are working to make the Site accessible to people with disabilities. If you encounter a barrier, contact info@natireshub.com or sales@natireshub.com and we will assist you and work to address it.