1. Introduction
These Terms of Service ("Terms") govern your access to and use of TireBob.com and the related services (the "Platform"), which is owned and operated by Connect iDeal Solutions, LLC, a Minnesota limited liability company doing business as "TireBob" ("Company," "we," "us," or "our"). The Platform allows users ("Requesters") to submit requests for quotation ("RFQs") for automotive products and services, such as tires and windshields, and connects Requesters with up to three (3) service providers ("Providers") who may contact the Requester directly to provide a quote. Providers are independent contractors and are not employees, agents, joint venturers, or legal representatives of Company for any purpose. Nothing in these Terms creates a partnership, joint venture, franchise, or agency relationship between Company and any Provider or Requester. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.
2. Acceptance of Terms; Electronic Records
By accessing or using the Platform, creating an account, submitting an RFQ, or purchasing an RFQ, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. You consent to receive these Terms and all related notices, disclosures, and communications in electronic form, and you agree that your electronic acceptance (including clicking "I Agree" or a similar mechanism) has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state law.
3. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice by posting the updated Terms with a revised "Last Updated" date and, where practicable, by email or an in-product notice. Changes will not apply retroactively and will become effective thirty (30) days after posting. Your continued use of the Platform after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform. No amendment to these Terms will apply to any dispute of which we had notice on the date of the amendment.
4. User Eligibility
By accessing or using the Platform, you represent and warrant that: (a) you are at least 18 years old and have the legal capacity to enter into contracts; (b) you will not use the Platform for any illegal or unauthorized purpose; (c) as a Requester, you are the vehicle owner or authorized to request service for it; and (d) you will comply with all applicable laws and regulations.
5. Privacy; Consent to Sharing of Information
Your use of the Platform is subject to our Privacy Policy. If you are a Requester, you consent to the collection, use, and disclosure of your information, including your Personal Information and RFQ, as described in the Privacy Policy, including the disclosure of your Personal Information to up to three (3) Providers so that they may contact you and provide quotes. If you are a Provider, you consent to the collection, use, and disclosure of your Personal Information as described in the Privacy Policy. As used in these Terms, "Personal Information" means information that identifies, relates to, or could reasonably be linked with you, including your name, telephone number, email address, and vehicle or service details.
6. Consent to Contact (Calls, Texts, and Emails)
By submitting an RFQ and providing your contact information, you represent that the telephone number(s) and email address you provide are your own, and you expressly authorize Company and up to three (3) Providers matched to your RFQ to contact you at that number and email address — including by automated or prerecorded telephone calls, artificial-voice messages, and SMS/MMS text messages — for the purpose of providing quotes and related communications regarding the products or services you requested. Your consent to receive automated marketing calls or texts is not a condition of purchasing any product or service. Message and data rates may apply, and message frequency may vary. You may revoke your consent at any time by replying STOP to any text message, by emailing privacy@tirebob.com, and by contacting each Provider directly. You acknowledge and agree that once your information is transmitted to a Provider, that Provider's own contact practices, terms, and privacy policies govern its communications with you.
7. Registration
To use certain features of the Platform, you may be required to register and create an account. You agree to provide accurate and complete information, including Personal Information, during registration and to keep your account information current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account.
8. RFQs (Requesters)
By submitting an RFQ, you authorize us to share and sell the RFQ, including your Personal Information, with up to three (3) Providers in accordance with our Privacy Policy. You are responsible for providing accurate and complete information in your RFQ. You acknowledge that submitting an RFQ does not guarantee that you will receive any responses or quotes from Providers. Any quotes from Providers are governed by that Provider's own terms and conditions, may be non-binding, and may be changed or withdrawn by the Provider at any time. We do not collect, transmit, or have access to Providers' quotes or responses on your behalf. You are solely responsible for evaluating and comparing quotes, Providers, and their terms before deciding whether to obtain any product or service from a Provider. Subject to Sections 12 and 13, we do not guarantee, and are not responsible or liable for, the products or services offered or provided by any Provider, including their quality, timing, pricing, safety, or completion.
9. Provider Quotes and RFQ Purchases (Providers)
As a Provider, you may purchase RFQs on the Platform by paying the Fees. By purchasing an RFQ, you agree that you will: (a) use the RFQ and any Personal Information solely to provide the requested quote and services, and for no other purpose unless the Requester separately gave affirmative consent for future promotions and marketing; (b) not misuse, share, sell, or re-transmit all or any part of the RFQ or any Personal Information to any third party; (c) handle all RFQ data securely and maintain reasonable administrative, technical, and physical safeguards; and (d) comply with all applicable laws in contacting Requesters and providing services (see Section 10). If the lead record states that future-promotions and marketing consent was not granted, the Provider must use the Personal Information only to respond to the current quote request and must not use it for future promotions or marketing. Any use beyond the recorded scope of consent violates these Terms and may violate federal or state law. We do not guarantee the quality of any RFQ, the accuracy of the information in it, or that any RFQ will result in a sale, appointment, or business for you. Subject to Sections 12 and 13, we are not liable for any losses arising from your purchase or use of any RFQ, including any RFQ that does not convert to business or that contains inaccurate or unresponsive contact information. A Requester is under no obligation to accept any quote or engage any Provider, and a Provider's payment of Fees to purchase an RFQ does not create any obligation on the part of the Requester to purchase products or services from that Provider.
10. Provider Representations and Covenants
Each Provider represents, warrants, and covenants that it will: (a) use RFQ data solely as permitted under Section 9 and within the scope of the Requester's recorded consent; (b) comply with all applicable laws in contacting Requesters and marketing to them, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, applicable state telemarketing and "mini-TCPA" laws, the CAN-SPAM Act, and all applicable privacy and consumer-protection laws; (c) promptly honor all opt-out and revocation requests and maintain any legally required internal do-not-contact lists; (d) not sell, share, or re-transmit RFQ data to any third party; (e) maintain reasonable safeguards for RFQ data; and (f) Company may, in its discretion, request evidence of a Provider's compliance with this Section, investigate any consumer complaint or regulatory inquiry involving a Provider, and suspend or terminate a Provider's access to the Platform pending or following such investigation, without liability to the Provider for lost RFQs or Fees already paid. Provider will indemnify, defend, and hold Company harmless from and against any claim, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to Provider's contact with, marketing to, or provision of products or services to any Requester, including any TCPA, telemarketing, privacy, data-security, or consumer-protection claim.
11. Fees
To purchase RFQs, Providers agree to pay the fees set forth in the then-current pricing displayed on the Platform or in an applicable order (the "Fees"), currently $6.99 per RFQ. Fees are exclusive of any applicable taxes, which are the Provider's responsibility. Provider authorizes us and our third-party payment processor to charge the Provider's designated payment method for all Fees. All Fees are non-refundable, except as required by law. Provider agrees that our delivery of the Requester's contact information constitutes full performance by us, and Provider agrees not to initiate chargebacks or payment disputes for validly delivered RFQs.
12. Disclaimers
THE PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY, SUITABILITY, OR QUALITY OF ANY MATCH BETWEEN A REQUESTER AND A PROVIDER. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT YOUR USE WILL MEET YOUR EXPECTATIONS, OR THAT THE PLATFORM OR ANY INFORMATION ON IT IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH PROVIDERS AND REQUESTERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY PROVIDER OR ANY PROVIDER'S AGENT, EMPLOYEE, ASSOCIATE, OR PERSONNEL, AND WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON PROVIDERS OR THEIR AGENTS, EMPLOYEES, ASSOCIATES, OR PERSONNEL.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES — DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE — INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, OR GOODWILL, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE PLATFORM, OR ANY PRODUCTS OR SERVICES PROVIDED BY ANY PROVIDER, HOWEVER CAUSED AND WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY-RIGHTS INFRINGEMENT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE PLATFORM. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or any statutory liability that may not lawfully be limited. THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN, REFLECT A FAIR ALLOCATION OF RISK, AND WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The limitations in this Section do not apply to a party's indemnification obligations under Section 10 or Section 14, or to a party's breach of Section 9's or Section 10's data-use restrictions.
14. Indemnification
You agree to indemnify, defend, and hold harmless Company and our parent, affiliates, licensors, contractors, officers, directors, employees, representatives, and agents from and against any third-party claims, damages (actual and consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) any negligent act, omission, or willful misconduct by you; (b) your access to or use of the Platform; (c) the uploading or submission of any RFQ by you; (d) any breach of these Terms by you; and/or (e) your violation of any law or of any rights of any third party. We retain the right, at our option, to control the defense and settlement of any claim subject to indemnification, and you agree to cooperate reasonably with us in the defense of any such claim. This Section is in addition to, and does not limit, any Provider's indemnification obligations under Section 10.
15. Intellectual Property
All content on the Platform, including text, graphics, logos, trademarks, and software, is the property of Connect iDeal Solutions, LLC or its licensors and is protected by copyright, trademark, and other laws. "TireBob" and related marks are trademarks of Connect iDeal Solutions, LLC. You may not reproduce, modify, distribute, or create derivative works from any content on the Platform without our prior written consent.
16. Termination
We may suspend or terminate your access to the Platform at any time, for any reason, with or without notice. Upon termination, any Fees already paid by a Provider for delivered RFQs are non-refundable. Sections 5, 6, 8–15, 17–22, and any other provision that by its nature should survive, will survive termination of these Terms or your use of the Platform.
17. Dispute Resolution; Arbitration
The parties will first attempt to resolve any dispute arising out of or relating to these Terms amicably through dialogue and cooperation. If a dispute (other than a dispute relating to intellectual property or a request for injunctive relief) is not resolved within thirty (30) calendar days, it will be resolved by binding arbitration as set forth below, and not in court, except that either party may bring an individual claim in small-claims court. (a) Arbitration for Requesters (Consumers). Any dispute between a Requester and Company will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. We will pay all AAA filing and arbitrator fees for any claim seeking less than $1000, except for claims the arbitrator determines to be frivolous. At the Requester's election, the arbitration may be conducted by videoconference, by telephone, on documents only, or in person in the county of the Requester's residence. (b) Arbitration for Providers. Any dispute between a Provider and Company will be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules and its Optional Procedures for Large, Complex Commercial Disputes, before a panel of three (3) arbitrators selected by the AAA, each of whom shall be an attorney experienced with information-technology disputes. The venue for such arbitration shall be Minneapolis, Minnesota. Each party shall bear its own costs, and the parties shall share the arbitrators' fees equally unless the arbitrators determine otherwise. All documents and information relevant to the dispute shall be exchanged no later than thirty (30) calendar days after service of the notice of arbitration, subject to a protective order entered by the arbitrators to protect confidential and proprietary information. (c) Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this Class Action Waiver is found unenforceable as to any claim or request for relief, that claim or request shall be severed and adjudicated in court, while all remaining claims proceed in arbitration. (d) General. Judgment on any arbitration award may be entered in any court of competent jurisdiction. The arbitrator(s) shall not have authority to modify these Terms or to award punitive damages or any remedy beyond those permitted under these Terms, and any such award shall not be confirmed and shall be vacated. During any arbitration, the parties shall continue to perform their respective obligations under these Terms.
18. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts-of-law rules, except to the extent that the mandatory consumer-protection laws of the state in which a Requester resides apply and may not be waived. The Federal Arbitration Act governs the interpretation and enforcement of Section 17. For any matter not subject to arbitration — including actions relating to intellectual property, requests for injunctive relief, and actions to compel arbitration or confirm, enforce, or vacate an arbitration award — the exclusive venue shall be the state and federal courts located in Hennepin County, Minnesota, and the parties consent to personal jurisdiction there.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect.
20. Miscellaneous
(a) Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including to our parent, an affiliate, or a successor in connection with a merger, acquisition, or sale of assets. (b) No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights. (c) Waiver. Our failure to enforce any provision is not a waiver of our right to do so later. (d) Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control. (e) Notices. We may provide notices to you by email, by posting on the Platform, or through the Platform. Notices to us must be sent to privacy@tirebob.com.
21. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
22. Arizona Consumer Notices
This Section applies to Requesters and Providers located in the State of Arizona, in addition to (and not in place of) the other provisions of these Terms. (a) Arizona Consumer Fraud Act Notice. The Arizona Consumer Fraud Act, A.R.S. §§ 44-1521 through 44-1534, prohibits deception, false promises, misrepresentation, or the concealment, suppression, or omission of any material fact made with intent that others rely on such concealment, suppression, or omission, in connection with the sale or advertisement of merchandise. Consistent with that law, Company makes the following disclosures to Arizona Requesters: - Submitting an RFQ results in the sale and sharing of your name, telephone number, email address, ZIP code, and RFQ details to up to three (3) Providers, as described in the Privacy Policy; - Company does not manufacture, sell, install, or perform any tire, windshield, or automotive product or service; Company is solely a platform that connects Requesters with independent, third-party Providers; - Company does not guarantee the availability, price, quality, licensing, insurance status, or workmanship of any Provider, and any quote or work performed is solely between the Requester and the Provider; - A Provider's payment of a fee to Company to receive your RFQ is compensation for the delivery of contact information only, and does not constitute, and should not be understood as, any endorsement, certification, or guarantee by Company of that Provider's services. Nothing in this Section limits any right or remedy available to an Arizona resident under the Arizona Consumer Fraud Act that cannot lawfully be limited or waived by agreement. (b) Telephone Solicitation Compliance. Company and each Provider contacting an Arizona Requester in connection with an RFQ shall comply with the Arizona Telephone Solicitations Act, A.R.S. §§ 44-1271 et seq., the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, the National Do-Not-Call Registry, and all other applicable state and federal telemarketing laws, including restrictions on calling hours, required caller identification, and honoring opt-out and do-not-call requests. Nothing in these Terms authorizes Company or any Provider to contact an Arizona Requester in a manner that exceeds the scope of the consent the Requester provided at the time of submitting the RFQ. (c) Arizona Data Breach Notice. In the event of a breach of security involving an Arizona resident's personal information, as defined by A.R.S. § 18-545, Company will provide notification as and to the extent required by that statute. (d) No Waiver of Non-Waivable Rights. To the extent any provision of these Terms — including the arbitration provisions in Section 17, the limitation of liability in Section 13, or the choice-of-law provision in Section 18 — would purport to waive, limit, or restrict a right or remedy that is not waivable under Arizona law (including rights under the Arizona Consumer Fraud Act), that provision shall be enforced only to the maximum extent permitted under Arizona law, and shall not operate to waive any non-waivable statutory right of an Arizona resident.