Sun Auto Terms of Use
as of June 1, 2025
Sun Auto Tire & Service, Inc., including our affiliates, brands, agents, service providers, and other third parties acting on our behalf (“Sun Auto,” “we,” or “us”) strives to provide expert vehicle care paired with an outstanding customer experience through our online services and retail locations (“Services”). These Terms of Use (“Terms”) apply wherever these Terms are displayed, linked, or otherwise made available to you.
BY USING OUR SERVICES, YOU ARE AGREEING TO THESE TERMS. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN EACH USER AND SUN AUTO. ADDITIONALLY, BY USING OUR SERVICES, YOU ARE ALSO AGREEING TO THE SUN AUTO PRIVACY POLICY AVAILABLE HERE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD DISCONTINUE YOUR USE OF OUR SERVICES.
Modifications
We reserve the right to modify these Terms at any time without prior notice, and such modifications shall be effective immediately upon posting. Your continued use of our Services constitutes your continued acceptance of the current version of these Terms subject to such modifications. Accordingly, we advise that you check this page periodically to confirm whether any changes have been made. The date of the most recent revision is included at the top of these Terms.
License to Use the Services:
1. Content. The Services may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described through the Services at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice.
2. Access and Eligibility. To access some of the Services, you may need a working connection to the Internet via a web browser on your computer for which you are responsible for all costs, expenses, and fees. By offering information, products, or services via the Services, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law. The Services are not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Services during times you are in a country for which use of the Services would be prohibited. You are responsible for compliance with all local laws.
3. License Grant. We grant you a revocable, non-exclusive, and non-transferable license to use the Services only for limited purposes. You may not transfer, redistribute, or sublicense the Services. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from the Services, any updates, or any part thereof (except as and only to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Services). You shall not violate any applicable laws, rules, or regulations in connection with the Services; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us; use the Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time; use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any ways a substitute for the application; use the Services to send automated queries to any website or to send any unsolicited commercial e-mail; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacturing, licensing, or distribution of any applications, accessories, or devices for use with the Services.
4. Restrictions. You may not, and may not authorize or assist any other party to: (i) duplicate the Services for any purpose; (ii) use the Services other than for the purposes described in these Terms; (iii) reverse engineer, disassemble, decompile or translate the Services; (iv) change, modify, or otherwise alter the Services; (v) transfer, pledge, rent, share or sublicense the Services; or (vi) use or abuse the Services to: (A) store or transmit content that is unlawful, threatening, abusive, harassing, defamatory, obscene or indecent, libelous, hurtful, or otherwise objectionable; (B) impersonate another individual or misrepresent your identity or your affiliations; or (C) knowingly or recklessly transmit false information. Any commercial or promotional distribution, publishing or exploitation of the Services; or any content, code, data or materials on the Services; is strictly prohibited unless you have received the express prior written permission from authorized personnel of Sun Auto. You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Services.
5. Termination. These Terms are effective until terminated by Sun Auto. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms.
6. Your Responsibilities. Effective use of the Services requires that you: (i) enter all of the information Sun Auto requests and (ii) ensure that your device is properly configured. You are solely responsible for fulfilling these responsibilities.
7. Third Parties. The Services may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being providing for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions establish by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.
Proprietary Materials
The Services may contain forms, content, information, trademarks, and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark, and other intellectual property laws (collectively, “Proprietary Materials”).
You should assume that everything made available through the Services is Proprietary Materials, and, except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Services, you shall not copy, download, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, sub-license, or otherwise use or exploit Proprietary Materials in any way without our prior written consent. Commercial use of Proprietary Materials is strictly prohibited. Nothing in these Terms confers any license to any intellectual property rights, except as explicitly stated. All rights not expressly granted herein are reserved to us and our licensors.
Sun Auto Disclaimers
1. No Warranties. SUN AUTO PROVIDES THE SERVICES ON AN “AS IS, WHERE IS” BASIS WITHOUT WARRANTY OF ANY KIND. SUN AUTO DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY OF NONINFRINGEMENT, ANY WARRANTY THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN AUTO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD SUN AUTO OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL LOST DATA, NECESSARY SERVICING, REPAIR, OR CORRECTION.
2. No Obligations. Sun Auto accepts no obligation regarding your use of the Services. In particular, Sun Auto disclaims any obligation to monitor the operation of the Services or address any failures or faults that come to its attention, including maintenance and support services.
3. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, UNDER NO CIRCUMSTANCES WILL SUN AUTO OR OUR SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, HAVE ANY OBLIGATION OR LIABILITY HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR DEATH, INJURY TO PERSON OR PROPERTY, LOST BUSINESS, LOST PROFITS, LOST DATA OR DAMAGES TO BUSINESS REPUTATION), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE. IN THE EVENT THAT SUN AUTO IS FOUND LIABLE, FOR ANY REASON, UNDER THESE TERMS, IN NO CASE SHALL SUN AUTO’S LIABILITY FOR ACTUAL DAMAGES IN THE AGGREGATE EXCEED THE AMOUNTS YOU PAID FOR THE SERVICES OR, IF YOU RECEIVED THE SERVICES FOR FREE, IN NO CASE WILL SUN AUTO’S LIABILITY EXCEED $10.00.
4. Indemnity. You agree to indemnify and hold Sun Auto and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of the terms of these Terms; (iii) Sun Auto’s use of data relating to you; or (iv) your violation of the rights of any third party, including third-party providers.
5. Ownership. Sun Auto, as between Sun Auto and you, owns all rights, titles, and interests in the Services, including without limitation all error corrections, updates, upgrades, and custom features and functions; all patents, copyrights, and other intellectual property rights; and any changes or improvements to the Services that you might suggest to Sun Auto. You may not remove or modify any program markings or any notice of proprietary rights. You shall reproduce such markings and notices on all copies of the Services you make.
6. Intellectual Property. If a court of competent jurisdiction makes a determination that the Services likely infringe the intellectual property rights of a third party, Sun Auto, at its option and expense, shall: (i) modify the infringing portion of the Services to make it non-infringing, (ii) replace the infringing product with a non-infringing product having substantially similar functionality, (iii) obtain the right to continue using the infringing portion of the Services, or (iv) terminate these Terms (including the license granted hereunder) without any further liability to you.
Miscellaneous Provisions.
1. Binding Arbitration. These Terms provides that all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.
a. We and you agree that all disputes arising from or relating to the Services or any relationship or dispute between you and us or you and any company or person employed by us, these Terms and any policies or practices of any of the above-mentioned companies or persons (a “Dispute”) will only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act to the maximum extent permitted by applicable law. You further agree that we shall not have a legal obligation to mitigate any of our potential or actual losses sustained hereunder.
b. WE AND YOU GIVE UP OUR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NEITHER WE NOR YOU SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. Neither we nor you agree to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons.
c. If we and you are unable to resolve a Dispute by informal means, the arbitration of that Dispute shall be settled by arbitration administered by the American Arbitration Association (AAA) in Phoenix, Arizona in accordance with the Commercial Arbitration Rules. Any proceeding to enforce this arbitration agreement must be brought in the District Court or in any state court of competent jurisdiction with venue lying in Phoenix, Arizona to the exclusion of all other forums.
d. Notwithstanding the foregoing, Sun Auto reserves the right to seek injunctive relief in a court of law to protect its rights and interests.
2. Governing Law. All Disputes will be governed by and construed in accordance with the laws of the state of [State] without reference to the choice of law provisions of any jurisdiction. The interpretation of these Terms shall not be construed against the drafter.
3. Assignment. You may not assign these Terms or your rights or obligations under these Terms without Sun Auto’s prior written permission. Any assignment in violation of this restriction is null and void. Sun Auto may assign these Terms in its sole discretion without giving any prior notice to you.
4. Force Majeure. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such party, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.
5. Sole Agreement; Amendment; Waiver. These Terms constitutes the sole and complete agreement between the parties regarding Sun Auto. These Terms may not be explained or supplemented by a prior performance, trade usage, or course of dealing between the parties, or by any prior performance between the parties under these Terms or otherwise. No amendment to these Terms shall be effective unless it is in writing signed by duly authorized representatives of both parties, except that Sun Auto may amend these Terms from time to time, and your continued use of the Services after receiving notification of such amendments constitutes your agreement to be bound by such amendments. No waiver of any breach of any provision by either party or the failure of either party to insist on the exact performance of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of performance of the same or any other provisions, and no waiver shall be effective unless made in writing.
6. Severability. If any of the provisions of these Terms shall be or become invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the remaining provisions of these Terms. Instead, this entire Agreement shall be construed as though not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.
7. Survival. Subject to the limitations and other provisions of Terms, the following sections contained herein will survive the expiration termination of these Terms: Sun Auto Disclaimers, Limitation of Liabilities, Indemnity, and Intellectual Property.