Updated: 12/13/22 17:47:53
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement (“Agreement”) is entered into by and between Gripmaster,
registered address Rua Tabapuã, 111 – Cjto 21/22 – Itaim Bibi, São Paulo – SP, 04533-011, Brazil
(“Company” ) and you, and is made effective as of the date of your use of this website
http://www.gripmastertires.com (“Site”) or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the
http://www.gripmastertires.com as well as the products and/or services purchased or accessed
through this Site (the “Services”). Whether you are simply browsing or using this Site or
purchasing Services, your use of this Site and your electronic acceptance of this Agreement
means that you have read, understand, acknowledge and agree to be bound by this
“User” or “customer” shall refer to any individual or entity who accepts this Agreement, uses
our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any
policies or agreements which are incorporated herein, at any time, and such changes or
shall be effective immediately upon posting to this Site. Your use of this Site or
the Services after such changes or modifications have been made shall constitute your
acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR
CONTINUE TO USE) THIS SITE OR THE SERVICES.
This Site and the Services are legally available only to Users who can form binding contracts
under applicable law. By using this Site or the Services, you represent and warrant that you are
(i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally
binding contracts under applicable law, and (iii) are not a person barred from purchasing or
receiving the Services found under the laws of the Brazil or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you
represent and warrant that you have the legal authority to bind such corporate entity to the
terms and conditions contained in this Agreement, in which case the terms “you”, “your”,
“User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of
this Agreement, the Company finds that you do not have the legal authority to bind such a corporate
entity, you will be personally responsible for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
• Your use of this Site, including any content you submit, will comply with this Agreement
and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in terrorism, violence against people, animals, or
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or
computer or network hacking or cracking;
• Infringes on the intellectual property rights of another User or any other person or
• Violates the privacy or publicity rights of another User or any other person or entity, or
breaches any duty of confidentiality that you owe to another User or any other person
• Interferes with the operation of this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or
other code, files or programs designed to, or capable of, using many resources,
disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
• copy or distribute in any medium any part of this Site, except where expressly
authorized by Company,
• modify or alter any part of this Site or any of its related technologies,
• access Companies Content (as defined below) or User Content through any technology
or means other than through this Site itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to your
use of Companies Content posted to the Site. Companies Content on this Site, including without
limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos
and interactive features and the trademarks, service marks and logos contained therein
(“Companies Content”), are owned by or licensed to Gripmaster in perpetuity, and are subject
to copyright, trademark, and/or patent protection.
Companies Content is provided to you “as is”, “as available” and “with all faults” for your
information and personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior written consent of Company.
No right or license under any copyright, trademark, patent, or other proprietary right or license
is granted by this Agreement.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR
OWN RISK AND THAT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL
FAULTS”. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR
CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE
SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL
ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE
SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL
THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT
OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, ( VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS
DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS,
PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES
FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out
of or related to this Site or the Services found at this Site must be commenced within one (1)
year after the cause of action accrues, otherwise such cause of action shall be permanently
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site
or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors,
employees, agents from and against any and all claims, demands, costs, expenses, losses,
liabilities and damages of every kind and nature (including , without limitation, reasonable
attorneys’ fees) imposed upon or incurred by the Company directly or indirectly arising from (i) your
use and access to this Site; (ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or (iii) your violation of any third party right, including without limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
8. DATA TRANSFER
If you are visiting this Site from a country other than the country in which our servers are
located, your communications with us may result in the transfer of information across
international boundaries. By visiting this Site and communicating electronically with us, you
consent to such transfers.
9. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use
commercially reasonable efforts to attempt to provide this Site on a 24/7 basis. You acknowledge
and agree that from time to time this Site may be inaccessible for any reason including, but not
limited to, periodic maintenance, repairs or replacements that we undertake from time to time,
or other causes beyond our control including, but not limited to , interruption or failure of
telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a
continuous or uninterrupted basis, and that we assume no liability to you or any other party
with regard thereto.
10. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at any time, for
any or no reason, and without prior notice. Although Company makes great effort to maximize
the lifespan of all its Services, there are times when a Service we offer will be discontinued. If
that is the case, that product or service will no longer be supported by the Company. In such a case,
Company will either offer a comparable Service for you to migrate to or a refund. Company will
not be liable to you or any third party for any modification, suspension, or discontinuance of any
of the Services we may offer or facilitate access to.
11. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
12. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on this Site is
appropriate in every country or jurisdiction, and access to this Site from countries or
jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are
responsible for compliance with all local laws, rules and regulations.
13. GOVERNING LAW
This Agreement and any dispute or claim arising out of it in connection with its subject
matter or formation shall be governed by and constructed in accordance with the laws of Brazil,
são paulo, to the exclusion of conflict of law rules .
14. DISPUTE RESOLUTION
The courts of Brazil, São Paulo shall have exclusive jurisdiction to settle any dispute or claim that
arises out of or in connection with this agreement or its subject matter or formation.
15. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and
shall not be utilized in any way to construct or interpret the agreement of the parties as
otherwise set forth herein.
Each covenant and agreement in this Agreement shall be constructed for all purposes to be a
separate and independent covenant or agreement. If a court of competent jurisdiction holds
any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not
be affected and shall be found to be valid and enforceable to the fullest extent
permitted by law.
17. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at
the following address:
Rua Tabapuã, 111 – Cjto 21/22 – Itaim Bibi, São Paulo – SP, 04533-011