The effective date of this Agreement is May 5, 2009.
As a User of the Coker Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the Coker Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the Coker Site other than simply by reading product information and content and reviews posted by others, you must provide your name or screen ID and your email address.
The Coker Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Coker Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Coker Site. In the event we become aware you are under 18, we will terminate your registration.
Changes to the Coker Site
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Coker Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
Other than when ordering Coker products or services from the Coker Site, you may use the Coker Site solely for your personal, non-commercial use. For example, you may use the Coker Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Coker Site for User Content and business or product information. You may also invite people you know to join the Coker Site. You acknowledge and agree that we do not control the User Content posted to the Coker Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Coker Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Coker Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Coker Site, you may be exposed to User Content that may be offensive or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
- remove any copyright, trademark or other proprietary rights notice contained in or on the Coker Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Coker Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
- reformat or frame any portion of any Web pages that are part of the Coker Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Coker Site;
- submit to the Coker Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to the Coker Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Coker Site, any other Web site, or any computer or other device or system, or the enjoyment of the Coker Site by any User;
- use the Coker Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Coker Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Coker Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the Coker Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Coker Site or the IT infrastructure used to operate and make the Coker Site available;
- use the Coker Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
User Content Posted By You on the Coker Site
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
- The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Coker Site. You may not post any content that:
- is patently offensive to users of the Coker Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks to, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
- You are solely responsible for any User Content you post, publish or display on the Coker Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Coker Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Coker Site any User Content that is false, inaccurate, misleading or fraudulent.
Consent to Receive Email
We only send marketing communications to users with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within Coker Tire emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
If you believe any User Content or any other aspect of the Coker Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Coker Site;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Coker Site may be reached at the following address:
Coker Tire Company
1317 Chestnut Street
Chattanooga, TN 37402
Or by email: wesk@Coker.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chattanooga, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Coker may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Coker's sole discretion.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Coker Site are the proprietary property of Coker or our respective licensors, vendors or distributors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Coker Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Coker Site without the express written permission of the trademark owner.
BFGoodrich®, BFG® and stylized versions of these marks are the property of B.F. Goodrich Company and Michelin North America, Inc. and no claim of ownership is made herein; Firestone®, Firestone Tires®, Gum-Dipped® and stylized versions of these marks are the licensed property of Firestone Tire & Rubber Company and BFS Brands, LLC; Michelin®, and stylized illustrations that include Bibendum (the Michelin Man) are the licensed property of Michelin North America, Inc.; Racemaster® and stylized versions of this mark are the property of M&H Tire Company Inc. and Interco Tire Corporation and no claim of ownership is made herein; Vredestein® and any stylized versions of this mark are the property of Vredestein Branden B.V. Ltd. Liab. Co. Netherlands and no claim of ownership is made herein; Buick®, Cadillac®, Camaro®, Chevrolet®, Corvette®, Nova®, Oldsmobile®, and Pontiac® are the proprietary property of General Motors Corporation and no claim of ownership is made herein; Ford® is the licensed proprietary property of Ford Motor Company; Mustang®, Thunderbird®, T-bird® and stylized versions of these marks are the property of Ford Motor Company and no claim of ownership is made herein; Chrysler® and any stylized versions of this mark are the property of Chrysler Motors Corporation, Chrysler Corporation, Chrysler LLC, or Daimler-Chrysler Corporation and no claim of ownership is made herein; Cushman®, Cushman® Motor Scooters, and stylized versions of these marks are the property of Cushman Motor Works, Inc. and no claim of ownership is made herein; Packard® and any stylized versions of this mark are the property of Packard Automobile Classics, Inc. and no claim of ownership is made herein; NHRA® and any stylized versions of this mark are the property of the National Hot Rod Association and no claim of ownership is made herein.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE COKER SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE COKER SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE COKER SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE COKER SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COKER SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE COKER SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE COKER SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COKER SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE COKER SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE COKER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Coker reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Coker Site, Coker reserves the right to cancel any orders resulting from such pricing errors.
Coker may display advertising prints for products sold through a Coker Site. Coker attempts to display the colors of the products shown on the Coker Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Limitation on Liability
IN NO EVENT SHALL COKER OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE COKER SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COKER SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, COKER’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE COKER SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE COKER SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Third Party Advertisements and Links to Third Party Sites
We may display on the Coker Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE COKER SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Placing an Order
Coker ships merchandise to locations within the United States (including Alaska, Hawaii, Puerto Rico, Guam and the US Virgin Islands) as well as to international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see Coker shipping and delivery policies in more detail, please see Terms and Conditions
You may purchase merchandise from the Coker Site by using any one of the payment options listed in Payment for Orders section of the Terms and Conditions page. Coker reserves the right to change its payment procedures at any time without prior notice to you.
Coker charges sales tax for merchandise shipped to California, Tennessee and Canada based on the applicable sales tax rate and the location to which the order is being shipped. All merchandise delivered at swap meets, trade shows or car shows is subject to all applicable state and local taxes.
All returns of merchandise are subject to Coker return policy, available under Terms and Conditions.
Contact and Violations