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Terms and Conditions

TERMS OF USE

Welcome to OPONEO.COM! Oponeo.com Inc., and/or its parent, subsidiaries, and affiliates (“OPONEO”), provide features and other products and services (“OPONEO Services”) to You when You visit our store at OPONEO.COM (“Site”). OPONEO provides its services subject to the following conditions. By accessing OPONEO’s Site, You agree to these conditions. Please read them carefully.

 

1. TRADEMARKS AND COPYRIGHTS

OPONEO is a service mark of OPONEO or its affiliates. These and other OPONEO graphics, logos, and service marks and trademarks of OPONEO and its affiliates may not be used without prior written consent of OPONEO or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

All content and other materials on the Site, with the exception of third-party enclosures, are copyrighted and are the commercial property of OPONEO. Third-party content and marks shall not be used without permission of the particular owner.

 

2. DISCLAIMERS AND LIMITATION OF LIABILITY

You expressly agree that You use the Site at Your own risk. Although we make every effort to provide only current and reliable information on the Site, neither OPONEO nor its affiliates or agents can warrant that the Site is free of error. THEREFORE, THIS SITE IS PROVIDED BY OPONEO ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPONEO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPONEO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL OPONEO BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE, OR YOUR INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES, EVEN IF OPONEO IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OPONEO NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, CREATES A WARRANTY. DO NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

 

3. ELECTRONIC COMMUNICATION

When You use the Site, or send e-mails to us, You are communicating with us electronically. We may also communicate with You by e-mail or by posting notices on the Site. By using the Site, You consent to such communication and agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

 

4. THIRD-PARTY CONTENT

OPONEO is not responsible for any content provided by third parties. It is at Your own risk to use third-party links, services, or products. All services, including, but not limited to, installation services and payment processing, are added to the Site for Your convenience and information only. Unless otherwise stated, OPONEO does not endorse any such products or services.

 

5. PROHIBITED CONDUCT

Applicable laws govern the Site and its content. Below is a nonexclusive list of things You may not do while using the Site:

  • Transmit, install, upload any virus, or other item or process to the Site that in any way affects the use, enjoyment, or service of the Site, or adversely affects any of the computers, servers, or databases connected to it.
  • Remove, modify, copy, or transfer any of the software, information, text, graphics, source code, HTML code, or other content available on the Site.
  • Breach, or attempt to breach, OPONEO’s security systems, access any data or server You are not authorized to access, or otherwise violate the security of our Site or corrupt it in any way.
  • Use or attempt to use any of the content on the Site to violate a third party’s intellectual property, publicity, or confidentiality rights; upload, download, display, publish, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s rights.
  • Misrepresent Your identity or personal information when accessing the Site or forge any TCP/IP packet header, or any part of the header information, in any e-mail.
  • Post any illegal, obscene, threatening, or defamatory material, or post any material that is invasive of one’s privacy, an infringement on one’s intellectual property rights, or otherwise injurious to OPONEO or third-party content; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Engage in any other conduct that violates the laws of states of California, Nevada, or any other state or nation.
  • Advertise or otherwise solicit funds, goods, or services on or through the Site.

OPONEO reserves the right to monitor the use of its Site and may revoke or deny access to any content or programs, or to any person or entity, whose behavior, activities, or use of our Site or its content violates or appears to violate any applicable law or these Terms of Use. Access to the Site’s content or programs beyond that of normal patterns of use that suggests systematic copying of the materials constitutes prohibited conduct and will result in revocation or denial of access to the content.

 

6. POSTING COMMENTS, REVIEWS, AND OTHER CONTENT.

In spaces provided, You may post reviews and comments concerning the products or services bought through the Site, so long as any such comments or reviews are not illegal, obscene, threatening, or defamatory, nor invasive of one’s privacy, an infringement of one’s intellectual property rights, or otherwise injurious to OPONEO or third parties. Such comments may also not be objectionable and may not consist of or contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” OPONEO reserves the right to (but not the obligation) to remove or edit any such content in its sole and absolute discretion.

 

7. PRIVACY POLICY

OPONEO respects and is committed to protecting Your privacy. To view our Privacy Policy, click here.

 

8. INDEMNIFICATION

To the extent authorized by law, You agree to indemnify and hold harmless OPONEO, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorney fees resulting directly or indirectly from, or arising out of, Your violation of these Terms of Use and/or Your use of the Site.

 

9. MODIFICATIONS AND SEVERABILITY

We reserve the right to modify these Terms of Use at any time; therefore, it is Your responsibility to check for any changes periodically. Changes to the Terms of Use will be effective immediately, and Your subsequent use of the Site will constitute Your acceptance of these changes. OPONEO reserves the right to deny access to the Site to anyone at any time in its sole and absolute discretion.

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

 

10. APPLICABLE LAW AND VENUE

By using the Site, You agree that these Terms of Use are governed by, and construed in accordance with, the laws of the State of Nevada. You also agree and consent to the exclusive jurisdiction of state and federal courts in the State of Nevada for all purposes regarding these Terms of Use, and You further agree and consent that venue of any action brought hereunder will be exclusively in Clark County.

TERMS OF SALE

These are the terms and conditions (the “Terms of Sale”) that apply when You purchase products on our website (“Product(s)”) from Oponeo.com, Inc. (“OPONEO”). By placing an order for Product(s) through Oponeo.com (our “Website”) or by phone, You accept these Terms of Sale and agree to be bound by them. Because these Terms of Sale are subject to change, please review and save a copy of them for Your records prior to placing each order. If You have any questions about the Terms of Sale or Your order, please contact our Customer Service Department by email at info@oponeo.com, by telephone at 650-300-4483 or our toll-free number 866-978-5280.

 

1. ORDER AND ACCEPTANCE

OPONEO is authorized to sell the Product(s) offered for sale on the Website. OPONEO may discontinue any Product(s) at any time without notice. The Website may be used to order a selection of Product(s) from OPONEO directly online via the Internet from California and Nevada only. You may also place Your order by telephone by calling 866-978-5280 (toll-free number available only from within the United States).
UPON PLACING AN ORDER, EITHER WITH THE WEBSITE OR BY TELEPHONE, YOU AGREE TO BE BOUND BY OUR TERMS OF SALE, AND DECLARE THAT YOU HAVE READ AND UNDERSTOOD ITS PROVISIONS.

After You place an order, OPONEO will send an e-mail to the address You have provided acknowledging receipt of Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to purchase Product(s).

OPONEO will confirm its acceptance of Your order by sending You a second e-mail confirming that the Product(s) is either ready to be shipped or has already been shipped and notifying You that Your payment has been received (“Shipping Confirmation”). OPONEO is not under any obligation to accept Your order,* and the contract between You and OPONEO will only be formed once OPONEO has sent You such Shipping Confirmation.

*Although it is rare that OPONEO would refuse to accept an order, we reserve the right to reject or cancel any order for any reason, including whenever the following situations arise:

  • Error in billing, payment, or shipping information;
  • Suspected fraudulent information;
  • Error in Website’s product description or product unavailability; or
  • Previous fraudulent order history.
If we cancel Your order, we will notify You by e-mail of the cancellation.

 

 

2. ORDER CANCELLATION OR CHANGES

You can make changes or cancel Your order at any time before Your order has been accepted. To make changes to Your order, please contact our Customer Service Department by e-mail at info@oponeo.com or telephone at 650-300-4483 or toll free 866-978-5280.

 

3. PRICE AND PAYMENT

The prices advertised on our Website for our Product(s) do not include shipping, handling, or sales taxes, if applicable, which will be calculated based on the delivery address and added to Your total invoice upon placing the order. Shipping cost displayed in our offer after entering the ZIP code is an estimate, and the total price will be calculated in the order's summary.

All orders are payable in U.S. dollars. We accept PayPal®. Your order will only be accepted once we have verified Your payment method and received authorization to process Your payment.

 

4. TITLE, SHIPMENT, AND INSTALLATION

Title and risk of loss pass to You upon shipment (delivery to shipping carrier). OPONEO will ship Product(s) to the address provided by You in the order. You may also choose to have the Product(s) delivered to one of the designated installers in Your area, however, You should always contact the installer first to confirm the price for installation.

 

5. SELECTING THE CORRECT SIZE

While we make every effort to provide You with accurate information regarding the offered items, be informed that pictures, including photographs, are presented only for general informational purposes. It is the name and the written description that forms the source of information regarding the item. OPONEO does not sell any tires preinstalled to rims.

Please note that the Website may also display alternate (optional) tire sizes upon starting a search for tires by selecting a vehicle. Using alternate sized tire(s) is possible, albeit discouraged due to a number of parameters (including, but not restricted to, modifications and vehicle condition) that may have an impact on tire installation and vehicle handling. It is advisable to ensure that the alternate-sized tire is compatible with Your vehicle (including its body type, suspension components, braking systems, etc.), ignoring that may result in tire or vehicle damage. Installing tires on wheels of reduced diameter (minus-sizing) may alter usage standards, such as the speed index. You should always take these changes into consideration when using tires of different parameters than originally supplied for Your vehicle. It is recommended to ask Your personal mechanic for advice, or we could invite You to talk with one of our tire professionals, who can be contacted at 650-300-4483 or toll free at 866-978-5280.

USING ANY TIRE DIFFERENT IN SIZE FROM THE ORIGINAL IS DEPRECATED BY TIRE MANUFACTURERS AND MAY RENDER THE MANUFACTURER’S WARRANTY VOID. You should always check before placing an order whether the speed and load indices of the tire You selected are legal to use on Your vehicle.

 

6. RETURNS AND REFUNDS

You can return or exchange any Product(s) within 30 days of delivery. You can return only new Product(s) that have not been driven, installed, damaged, or otherwise used.

Shipping and handling charges are refundable only if the ordered Product(s) was incorrectly shipped by OPONEO. You should examine Your ordered Product(s) immediately upon receipt and report any defects to OPONEO. If the Product(s) was damaged during shipment, You should report it to the shipping carrier.

To arrange a refund or exchange, please contact our Customer Service Department at 650-300-4483 or toll free at 866-978-5280.

 

7. MANUFACTURER’S WARRANTY

Please contact our Customer Service Department at 650-300 4483 or toll free at 866-978-5280 if You notice or experience any defect regarding the Product(s) purchased from OPONEO. OPONEO does not provide any warranty for the Product(s), but we can assist You in locating the local manufacturer where You can seek advice regarding the manufacturer’s warranty process. ALL PRODUCTS SOLD THROUGH OUR WEBSITE ARE PROVIDED TO YOU BY OPONEO ON AN "AS IS" BASIS, AND OPONEO DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties given to You relating to the Product(s), if any, are those provided by the manufacturers of such Product(s), and You acknowledge that any warranty claims arising out of the manufacturer warranties must be pursued directly against the manufacturer.

 

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, OPONEO SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES ARISING FROM ANY CLAIMS RELATING TO THESE TERMS OF SALE, PRODUCT(S), OR ORDER(S), WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE LIABILITY OF OPONEO EXCEED THE AMOUNT PAID FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE.

 

9. SEVERABILITY

If any of the provisions of these Terms of Sale shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

10. APPLICABLE LAW AND VENUE

You agree that these Terms of Sale are governed by, and construed in accordance with, the laws of the State of Nevada. You also agree and consent to the exclusive jurisdiction of state and federal courts in the State of Nevada for all purposes regarding these Terms of Sale, and You further agree and consent that venue of any action brought hereunder will be exclusively in Clark County.

 

11. ADDITIONAL TERMS

If You ordered Your Product(s) through our Website, Your use of the Website is subject to our TERMS OF USE. Any personally identifiable information provided to OPONEO through the Website is subject to our PRIVACY POLICY.

Last modification: 05.29.2015