Terms of Use

Thank you for using our products and services. API International, Inc. (“API” or “we”) owns websites and domains, including apitire.com, gladiatortires.com and zennatires.com (collectively, the “Sites”) and mobile application(s) (“Apps”). The Sites and Apps are hereinafter sometimes collectively referred to as the “Services”. The Services are offered to you, conditioned on your acceptance without modification, of the terms, conditions, and notices contained herein. Your use of the Services constitutes your agreement to all such terms, conditions, and notices. If at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Sites.

Links to Third Party Sites
The Sites may contain links to other web sites (“Linked Site(s)”). The Linked Sites are not under the control of API and API is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. In addition, API is not responsible for webcasting or any other form of transmission received from any Linked Site. API is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by API of the Linked Site or any association with its operators. Because API has no control over the content and performance of these Linked Sites, API makes no guarantees about the accuracy, currency, content, or quality of the information provided on the Linked Sites, and API assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on the Linked Sites.

Prohibited Use
As a condition of your use of the Sites, you warrant to API that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the API Sites or interfere with any other party’s use and enjoyment of the Sites. You are prohibited from violating or attempting to violate any security features of the Sites, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by API in providing the Sites. Any violation of system or network security may subject you to civil and/or criminal liability.

Use of Communication Services
The Sites may contain links to bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, intimidate, stalk, threaten, impersonate or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

API has no obligation to monitor the Communication Services. However, API reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. API reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

API reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in API’s sole discretion.

API does not control or endorse the content, messages or information found in any Communication Service and, therefore, API specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized API spokespersons, and their views do not necessarily reflect those of API.

User Content
If you post comments, feedback, etc. (“User Content”) on the Sites and any Communication Service, you grant API a license to use the materials you post to the Sites or associated Services By posting, uploading, downloading, displaying, performing, transmitting, or otherwise distributing information or other content you grant API , its affiliates, officers, directors, employees, consultants, agents and representatives, a license to use User Content in connection with the operation of the Sites including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content. You agree that API may publish or otherwise disclose your name in connection with your User Content. You will not be compensated for any User Content.
By posting User Content on the Sites or Service, you warrant and represent that you own or otherwise control all of the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content.

Disclaimer of Warranties and Limitation of Liability
API endeavors to provide accurate and up-to-date information on the Sites. However, the Sites and Services are provided to you on an “AS IS” basis and any use of the Sites or Services is entirely at your own risk. API makes no representations or warranties, express or implied, with respect to the Sites or the operation of the Sites. API EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The information provided on the Sites is of a general nature. Tire usage recommendations may be affected by factors such as geographic locale, vehicle age and condition, and personal driving habits. Please consult your authorized tire dealer or representative before making any purchasing decisions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL API BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

Termination of Services
API reserves the right, in its sole discretion, to terminate your access to the Sites and Services or any portion thereof at any time, without notice.

Privacy Protection
API’s privacy policies explain how we treat your personal data and protect your privacy when you use our Sites. By using our Sites, you agree that API can use such data in accordance with our privacy policies.

Copyright Notice
The works of authorship contained in the Sites, including but not limited to all design, text, sound recordings, and images, are owned except as otherwise expressly stated, by API. Except as otherwise expressly stated, they may not be copied, displayed, performed, distributed, licensed, framed, downloaded, modified, published, reposted, sold, transmitted, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of API.
When accessing the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted by you. The burden of proving that any User Content does not violate any laws or third-party rights rests solely with you.
The Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by API, unless otherwise indicated.
Copyright API International, Inc. 2016-2018. All Rights Reserved.

Trademark Notice
American Pacific Industries, Inc., American Pacific Industries, API, Gladiator, Pegasus, Argus and Zenna are registered trademarks and service marks of API International, Inc. and are used and registered throughout the world.

Patent Notice
API is the owner of U.S. Patent No. D808,895 S .

Procedure for making claims of Copyright infringement
API respects copyright. If you have a claim of copyright infringement, please send an email with all required information as set forth in Title 17, United States Code, Section 512(c)(2), to A.Olsthoorn@apitire.com

Governing Law
The use of the Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the state of Arizona without giving effect to any principles of conflict of laws.

Termination and Changes in Terms

API reserves the right to terminate any or all Site offerings or transmissions without prior notice to the user. API further reserves the right to modify these Terms of Use at any time without notice. The most current version of the Terms of Use will be available on the Sites. If you find the Terms of Use unacceptable, you should discontinue your use of the Sites. By continuing to access the Sites, you agree to be bound by the Terms of Use posted at the time of access.