2) Access and Use.
b) Use Restrictions.
You shall not at any time, directly or indirectly:
use the Website, including any data, intellectual property, information or content on or provided by or through the Website, in any manner, or for any purpose, other than for the intended purpose of the Website;
use the Website for any unlawful purpose or to solicit or encourage others to perform or participate in any unlawful acts;
use the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or to promote any of the foregoing;
submit false, misleading, obscene, pornographic, vulgar, or offensive information to or through the Website;
copy, modify, or create derivative works of the Website in whole or in part;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part;
remove, alter, or conceal any proprietary notices of the Website;
use, introduce, upload or transmit viruses, software, routines, or any type of malicious code that could be used in any way that will affect the functionality or operation of the Website;
use any program or automated script to screen-scrape or “crawl” through the Website (in whole or in part);
use the Website (in whole or in part) as the basis for developing competitive solutions, businesses, services or content (or contract with a third party to do so);
impersonate or attempt to impersonate Mavis, a Mavis employee, another user, or any other person or entity;
use the Website in any manner, or for any purpose, that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mavis or any of Mavis’s providers or any other third party (including another user) to protect the Website;
attempt to gain unauthorized access to, tamper or 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;
attempt to probe, scan, or test the vulnerability of the Website or any Mavis system or network or breach any security or authentication measures;
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.
Notwithstanding the foregoing, you may:
temporarily store copies of Website materials in your device’s memory incidental to your accessing and viewing those materials;
store files that are automatically cached by your Web browser for display enhancement purposes;
print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution; or,
if we provide social media features with certain content, take such actions as are enabled by such features.
3) Purchases through the Website.
4) Appointments through the Website.
a) From time to time, you may be permitted to book an appointment for services through the Website. By submitting an appointment request, you agree to receive appointment confirmations by email, SMS and/or by any other means of communication after booking an appointment. You agree not to make more than one appointment for a particular time or service. Mavis will use its best endeavors to keep you informed of the status of the appointment.
b) Mavis may charge a booking fee (“Appointment Fee”) for appointments made on the Website for services at a Mavis location (“Service Location”). Mavis may charge a deposit fee (“Deposit”) for certain appointments, including those involving special order tires. Mavis may permit you to pre-pay for services (“Prepayment”) when making an appointment.
c) The Appointment Fee, Deposit and Prepayment may be processed by third-party service providers, which may contain their own terms and conditions. Section 8 (Links to Third-Party Websites) shall apply without limitation to any third parties processing Appointment Fees, Deposits or Prepayments.
d) The Appointment Fee, Deposit and Prepayment (each as applicable) will be adjusted by Mavis against the total bill for the services (“Services Bill”) provided by Mavis in connection with the appointment. You will be responsible to pay any balance amount remaining to be paid after deduction of the Appointment Fee, Deposit and Prepayment (as applicable) from the Services Bill, in addition to any other charges and/or applicable taxes that may be applicable to the services.
e) Any request for modification to the appointment will be subject to acceptance of the same by the Service Location. Requests to reschedule an appointment or to cancel an appointment and receive a refund may be made by calling the Service Location at least seventy-two (72) hours prior to the scheduled appointment time. The Appointment Fee and Deposit (as applicable) will become non-refundable seventy-two (72) hours prior to the original scheduled appointment time, or if the appointment has been rescheduled, then seventy-two (72) hours after the original scheduled appointment time. Consequently, the Appointment Fee and Deposit paid for appointments scheduled, and subsequently canceled, with less than seventy-two (72) hours’ notice will not be refunded. Mavis will not refund Appointment Fees or Deposits for missed appointments or for appointments cancelled less than seventy-two (72) hours prior to the appointment time. Mavis will refund a Prepayment, excluding any applicable Deposit, for a missed or cancelled appointment in all instances.
f) Mavis advises you to arrive 10 minutes in advance of the scheduled appointment time to the Service Location. The Service Location reserves the right to cancel your appointment and allocate your services slot to other customers in case of late arrivals, and Mavis shall in no manner be liable for such cancellation initiated by the Service Location. Mavis hereby reserves its right to retain any Appointment Fee or Deposit you may have paid, in the event you are late by more than 10 minutes from the scheduled booking time and/or fail to show up at the Service Location.
5. User Content.
a) General. From time to time, the Website may contain functionality that permits users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website. Any User Content you post or submit to the Website will be considered non-confidential and non-proprietary. By providing any User Content on or through the Website, you grant Mavis and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose. Without limiting any of the foregoing, Mavis may use the information you post or submit (including through customer surveys) on the Website, including direct quotes from you and your location. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and rights to use of all information, data, audio, audio-visual, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf through the Website.
b) Monitoring. Mavis has the right, but has no obligation, to monitor and review User Content submitted through or created using the Website. However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Mavis has the right, but has no obligation, to, in Mavis’s own sole discretion, remove or refuse to post any User Content, including any User Content that, in Mavis’s sole discretion, violates any of Mavis’s policies or is in any way harmful or objectionable. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
c) Cooperation with Law Enforcement. Without limiting anything herein, 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 posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MAVIS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6. Intellectual Property Rights.
a) Website. You acknowledge that, as between you and Mavis, Mavis and its affiliates and licensors own all right, title, and interest, including all intellectual property rights, in and to the Website and for avoidance of doubt its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and such material are protected by United States and international intellectual property or proprietary rights laws. With respect to third-party products or services, if any, either Mavis, Mavis’s affiliates or the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to such third-party products or services.
b) Trademarks. The Mavis name, the Mavis logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mavis or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
c) Feedback. If you send or transmit any communications or materials to Mavis suggesting or recommending changes to the Website, including new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Mavis is perpetually and irrevocably free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. To the extent you have or in the future obtain any rights in Feedback, you hereby grant to Mavis a non-exclusive, royalty-free, fully paid, unlimited, world-wide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise use and exploit in any manner (including commercially), any and all Feedback.
9) Disclaimers. THE WEBSITE IS PROVIDED “AS IS” AND MAVIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MAVIS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MAVIS MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY PRODUCTS OR SERVICES OR RESULTS OF THE USE THEREOF, WILL MEET USER’S OR ANY OTHER PERSON’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER WEBSITE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The information presented on or through the Website is made available solely for general information purposes. You should use your best judgment and exercise caution where appropriate. Any reliance you place on such information is strictly at your own risk. The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mavis, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mavis.
11) Limitations of Liability.
b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14) Dispute Resolution and Binding Arbitration.
a) Before bringing any dispute or claim, a notice of the dispute must be sent. Should you have a dispute or claim, you should send notice to us at 358 Saw Mill River Road, Millwood, New York 10546. To be valid, a notice of dispute must contain all of the following information:
Your or our name(s)
Your contact information, including your email address and phone number
You or our signature(s)
A brief description of the nature of your or our dispute (enclose any supporting documents you or we wish to provide)
A brief description of the nature of the relief you or we would like
b) If we are unable to resolve the claims described in the notice within forty-five (45) calendar days after the notice is received by you or us, you or we may commence an arbitration proceeding or suit in small claims court. A form for initiating arbitration proceedings is available on the American Arbitration Association's (“AAA”) website at www.adr.org. The notice of dispute requirements are essential in order to give the parties a meaningful chance to resolve disputes informally. You and we agree that if we fail to comply with the notice of dispute requirements, then the arbitrator or the small claims court shall dismiss any claim or dispute initiated in violation of these provisions.
c) YOU AND MAVIS EACH AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR TO YOUR RELATIONSHIP WITH US, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT.
d) BY ENTERING INTO THIS AGREEMENT, YOU AND MAVIS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
e) The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that such a hearing is necessary. In cases where an in-person hearing is held, you and/or we may attend by telephone or videoconference, unless the arbitrator requires otherwise. Any settlement offer made by you or us shall not be disclosed to the arbitrator, except in connection with any request by you or us for attorney’s fees and costs.
f) The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability, enforceability, or scope of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, although the arbitrator may only award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. In the event the arbitrator determines that either the substance of your or our claim or the relief sought was frivolous or brought for an improper purpose, then you or we may seek to recover from us or you, respectively, any fees you or we paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
g) You or we may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) calendar days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
h) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MAVIS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER. Unless both you and we agree otherwise, the arbitral tribunal or arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal or arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
i) The Federal Arbitration Act will govern the interpretation and enforcement of this section. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
g) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be sent in writing to 358 Saw Mill River Road, Millwood, New York 10546. Mavis will send Notices for you to the email address, if any, that you have provided to us. If you have any questions about the Website, please contact Mavis at 1-800-757-4291 or in writing at 358 Saw Mill River Road, Millwood, New York 10546.