Monro Terms of Use

Terms of Use

 

Introduction 

Monro, Inc., its subsidiaries and family of brands (together, “Monro,” “we,” “us” or “our”) operates the website located at www.monro.com, (the “Site”) and provides certain mobile apps (the “Apps”). The Site and the Apps, including all content, software and services made available on or through them, and all related documentation, are collectively referred to as the “Services”. Please read the following Terms of Use carefully before using the Services.

These Terms of Use contain provisions that exempt Monro and other persons from liability or limits their liability, specify the forum and jurisdiction for resolution or disputes, waive the right to class actions, and other important provisions.

These Terms of Use include Monro’s Privacy Policy and the Additional Terms & Conditions for Certain Services that apply to specific portions and/or features of the Services.

Applicability & Acceptance of These Terms of Use

By viewing, using, accessing or browsing the Services, or submitting any content, information or data through or in connection with the Services, you agree to these Terms of Use as a binding legal agreement between you and Monro, without limitation or qualification. The term “you” will refer to any person or entity that views, uses, accesses or browses, or submits any content, information or data through or in connection with use of, the Services (or any portion thereof). If you are acting on behalf of your employer or another entity, you represent and warrant that: (1) you have full legal authority to bind your employer or such entity to these Terms of Use; (2) you have read and understand these Terms of Use; and (3) you agree to these Terms of Use on behalf of the party that you represent.

If you do not agree to these Terms of Use, then you may not use the Services. Monro reserves the right to modify these Terms of Use at any time without prior notice.

You agree that each use of the Services will be subject to the then-current Terms of Use, and continued use of the Services now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

Although it may not be required, you agree that any acceptance of these Terms of Use by you using electronic means, including an “accept” or similar button or checkbox or other electronic signature process, indicates your intent to be bound, is binding upon you, and enforceable in the same manner as a handwritten signature.

1. Services

a. Scope. Monro grants you permission (which may be revoked at any time for any reason or no reason) to use the Services subject to and in accordance with these Terms of Use and solely for the Permitted Use. “Permitted Use” means use as necessary and solely for, in the case of an individual, your own personal, non-commercial purposes, and in the case of an entity, your own internal business purposes.

b. Limitations. You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services. You will not, and you will not permit any other person or entity to, access or use the Services except as we have specifically allowed in these Terms of Use. You will not do any of the following:

1. copy or reproduce the Services;
2. modify, adapt, translate or create derivative works or improvements of the Services;
3. make the Services available (e.g., rent, loan, lease, license, sell, resell, sublicense, distribute, publish, assign or transfer) to any other person or entity, including through any time-sharing, service bureau or software as a service arrangement, or otherwise allow any third party to use or copy the Services, directly or indirectly;
4. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive, gain access to or discover the source code of the Services or the algorithms underlying or embedded in the Services;
5. input, post, upload, transmit, display, publish, distribute, submit or otherwise provide (collectively, “provide”) any Prohibited Content (defined below) through or in connection with the Services;
6. use the Services if you are under the age of 18;
7. access the Services using a third party’s account or registration;
8. link or frame to any pages of the Services or any content contained therein;
9. deep-link to the Services for any purpose or access the Services manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Services;
10. gain unauthorized access to other computer systems from or through the Services;
11. disrupt, interfere with, or otherwise harm or violate the security of the Services, or any system resources, accounts, passwords, servers or networks connected to or accessible through the Services, or bypass, breach or disable any security device, copy control or digital rights management tool, or other protection used by the Services;
12. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, our or our affiliates’, partners’, service providers’, suppliers’ and licensors’ (collectively, “Affiliated Entities”) ability to provide the Services, or another person’s or entity’s use and enjoyment of the Services;
13. remove any proprietary notices (e.g., copyright and trademark notices) from the Services;
14. use the Services in violation of these Terms of Use or any law or regulation;
15. access or use the Services to infringe, misappropriate or otherwise violate any intellectual property right, privacy right or other right of any third party, or to violate any applicable federal, state or local law, rule or regulation;
16. access or use the Services for purposes of benchmarking or competitive analysis, developing, producing, marketing, distributing, licensing or selling any product or service that competes with the Services; or
17. attempt to take any of the actions prohibited under these Terms of Use, or aid or assist any person or entity in taking or attempting to take any of the actions prohibited under these Terms of Use.

You will promptly notify us in writing at legal@monro.com should you learn that you or any other person or entity has taken any of these prohibited actions.

In addition to all other available rights and remedies, Monro may refer any suspected any activity that violates any of the limitations in these Terms of Use, including those listed above, to our Affiliated Entities and relevant law enforcement authorities.

c. Proprietary Rights. All rights not expressly granted herein are reserved. You acknowledge and agree that the Services contain proprietary information and content of Monro and/or our Affiliated Entities that is protected by intellectual property and other laws, and may not be used except as expressly provided in these Terms of Use. Except for the limited permission Monro grants to you in these Terms of Use, Monro and our Affiliated Entities retain all right, title and interest in the Services, including all designs, text, graphics, interfaces, images (and the selection and arrangements thereof), hypertext markup language (“HTML”), scripts and active server pages therein, all upgrades and updates thereto, and all related intellectual property rights. If you provide feedback regarding the Services (“Feedback”), Monro will own all rights in such Feedback and you irrevocably transfer and assign to Monro, and otherwise waive, any and all rights you may have to such Feedback. Monro may exercise whatever means we deem necessary to prevent unauthorized use of the Services, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Monro and our Affiliated Entities reserve all of our respective statutory and common law rights against any person or entity who violates these Terms of Use.

2. User Content

a. License. All content, information and data that is provided by, or received from, you through or in connection with the Services is collectively “User Content”. You hereby grant to Monro and our Affiliated Entities a non-exclusive, worldwide, perpetual, royalty-free, paid-up, transferable and sub-licensable right and license to use, host, store, transfer, display, perform, reproduce, copy, distribute and make derivative works of your User Content (and any copyrights, publicity, database and other proprietary rights therein) in connection with the provision of the Services, and, in anonymous form, for Monro’s and/or our Affiliated Entities’ marketing, promotional and other business purposes (in any media formats and through any media channels), including for internal research and testing, to train and improve artificial intelligence and machine learning models and algorithms, and to improve and optimize the Services. The foregoing license will survive any termination of these Terms of Use, the Services and your use of the Services.

b. Prohibited Content. You will not provide through or in connection with the Services any content, information or data that (i) is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, as reasonably determined by Monro; (ii) violates or infringes the rights of others, including intellectual property, moral rights, privacy and publicity rights; (iii) that gives rise to civil or criminal liability; (iv) is an advertisement or solicitation; (v) is inaccurate, false or misleading; (vi) is unlawful or injurious, or contains, transmits or activates any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, encrypt or otherwise harm or impede in any manner any (1) computer, software, firmware, hardware, system or network, (2) data, or (3) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby (“Harmful Code”); or (vii) depicts or encourages violence, or make any threats to commit violent acts (collectively, “Prohibited Content”).

c. User Representations and Warranties. You are solely responsible for your User Content and the consequences of providing it. By providing your User Content, you affirm, represent, and warrant that you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Monro and our Affiliated Entities to exercise the licenses granted by you in these Terms of Use.

d. Review & Removal of User Content. Monro reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any User Content for any reason or no reason whatsoever, in our absolute and sole discretion.

3. Termination and Modifications to The Services

Monro reserves the right, in our sole and absolute discretion, to modify, suspend, discontinue or terminate at any time, with or without cause or notice, the Services or any portion of them, and/or your right to use them or any portion of them.

4. Indemnity

You will indemnify, defend and hold harmless Monro and our Affiliated Entities and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities and expenses (including reasonable attorney’s fees and costs) arising out of or relating to your use or misuse of the Services, your User Content, or any violation by you of these Terms of Use. Monro and our Affiliated Entities reserve the right, at your expense, to assume the exclusive defense, settlement and control of any matter for which you are required to indemnify Monro and our Affiliated Entities, and you agree to cooperate with Monro’s and our Affiliated Entities’ defense of these claims.

5. Disclaimer of Warranties

The Services are provided “as is” and “as available” with all faults and without warranties of any kind, either express or implied. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONRO AND OUR AFFILIATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MONRO OR OUR AFFILIATED ENTITIES WILL CONSTITUTE ANY REPRESENTATION OR CREATE ANY WARRANTY. NONE OF MONRO OR OUR AFFILIATED ENTITIES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, HARMFUL CODE OR OTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING WILL BE CORRECTED. MONRO AND OUR AFFILIATED ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERNET, NETWORK, CONNECTIVITY, COMMUNICATIONS OR OTHER ISSUES THAT IMPACT YOUR ABILITY TO ACCESS AND/OR USE THE SERVICES.

5. Limitation of Liability

IN NO EVENT WILL MONRO OR ANY OF OUR AFFILIATED ENTITIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MONRO OR SUCH AFFILIATED ENTITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. MONRO AND OUR AFFILIATED ENTITIES ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR HARMFUL CODE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL VIA THE SERVICES. MONRO AND OUR AFFILIATED ENTITIES ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES, INCLUDING AUTO WASHING, DETAILING OR OTHER VEHICLE CARE SERVICES, AVAILABLE THROUGH THE SERVICES.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

IN NO EVENT WILL MONRO’S AND OUR AFFILIATED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MONRO FOR THE SERVICES OR $100, WHICHEVER IS GREATER.

The above exclusions and limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

You and Monro agree that the warranty disclaimers and limitations of liability in these Terms of Use are material, bargained-for bases of these Terms of Use, and that they have been taken into account in determining the consideration to be given by each party under these Terms of Use and in the decision by each party to enter into these Terms of Use. You and Monro agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.

If you are dissatisfied with the Services or do not agree to any provisions of these Terms of Use, your sole and exclusive remedy is to discontinue using the Services.

7. Your Account, Password and Security

Use of certain Services may require that you register and/or create an account (“Account”). To register and create an Account, you will be required to select an account designation and password and provide certain personal information. In consideration of the use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Monro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, in addition to all other available rights and remedies, Monro has the right to refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Monro of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. You may be liable for the losses incurred by Monro or others due to any unauthorized use of your Account. Monro will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

You have no ownership or other property interest in your Account and/or username, and all rights in and to your username and Account are and will forever be owned by and inure to the benefit of Monro. Monro reserves the right, in our sole and absolute discretion, to suspend or delete your Account at any time, with or without cause or notice.

8. Links

As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with Monro while others are not. Monro is not responsible for the contents of any website pages created and maintained by organizations independent of Monro. Visiting any such third-party website pages is at your own risk. Monro has no control of these third-party website pages, nor can we guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Monro. By using the Services you acknowledge that Monro is responsible neither for the availability of, nor the content located on or through any third-party website pages.

9. Trademarks

“Monro” and other marks, logos, and names of Monro used on or in connection with the Services are the property of Monro. All other trademarks not owned by Monro that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Monro. You have no right to use any such marks, logos or names. All rights in such marks, logos and names are reserved by Monro and their respective owners.

10. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes your use of the Services.

11. Jurisdiction, Applicable Law, Class Action Waiver and Limitations

These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Services is prohibited in any jurisdiction that does not give effect to all provisions of these Terms of Use. Monro makes no claims or assurances that the Services are appropriate or may be downloaded outside of the United States. You agree to file all legal proceedings arising out of or in connection with these Terms of Use or the Services in a federal or state court located in Monroe County, New York, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. You will not consolidate or seek class treatment for any claim with respect to the Services and you will not join any purported class action involving the Services.

12. Third-Party Beneficiaries

Monro’s Affiliated Entities (and Monro’s and each of our Affiliated Entities’ respective successors and assigns) will be considered third-party beneficiaries of this Agreement and will be entitled to bring a direct action against you in the event of breach of any applicable provisions of this Agreement.

13. Copyright and Digital Millennium Copyright Act

Monro is committed to complying with copyright and related laws, and requires all users of the Services to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Monro will terminate the use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Monro by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Monro’s designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted using the Monro Product in a way that constitutes copyright infringement, please provide our designated agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located to permit us to locate the material;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Notice of claims of copyright infringement should be sent to our agent at legal@monro.com with the subject line DMCA. Address your correspondence to: DMCA Officer

14. General

1. Equitable Relief. Recognizing and acknowledging that any breach of the provisions of Section 1 of these Terms of Use will cause irreparable damage for which other remedies may be inadequate, in addition to monetary damages and any other remedies available at law or in equity, Monro and our Affiliated Entities will have the right to petition for such equitable relief as may be necessary to prevent such a breach or threatened breach without having to post a bond or prove actual damages.
2. Survival. The disclaimers and limitations of liability and all other terms that by their nature are intended to survive will survive any termination or expiration of these Terms of Use.
3. Network Fees. If you access the Services via a mobile device, your network provider’s messaging, data and other rates, terms and fees may apply when you access and use the Services.
4. No Assignment. You may not assign, transfer and/or sublicense these Terms of Use or your rights, interests or obligations with respect to any of the Services to any third party without our prior written consent. Any attempted assignment, transfer or sublicense in violation of these Terms of Use will be invalid. These Terms of Use are binding upon and inure to the benefit of each party’s respective successors and permitted assigns.
5. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use will continue to be enforceable and valid according to terms contained herein.
6. Entire Agreement. Except as expressly provided in these Terms of Use or in a posting or other notice on particular pages of the Services, these Terms of Use, which hereby incorporate by reference the terms of Monro’s Privacy Policy and the Additional Terms & Conditions for Certain Services, constitute the entire agreement between you and Monro, superseding all prior agreements regarding the Services. You may not modify, amend or alter in any way these Terms of Use.
7. No Waiver. The failure of Monro to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that right or provision or any subsequent breach of that provision. No waiver by Monro will be effective unless in writing and duly executed by Monro.
8. Force Majeure. Monro will not be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of Monro and arising without our fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
9. Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. For the purposes of these Terms of Use, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole; and (iv) words denoting the singular or present tense have a comparable meaning when used in the plural or other tense, and vice-versa. The language in these Terms of Use will be interpreted in accordance with its fair meaning and will not be strictly interpreted for or against either party.
10. Notices. You agree to direct all notices and communications regarding the Services and/or these Terms of Use to Monro, and to submit all such notices and communications in writing to: legal@monro.com. You agree to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with these Terms of Use, your Account and your use of the Services, which may include email, in-app messages and in-website chat communications.
11. Contact Monro. For questions regarding these Terms of Use or the Services, please visit our Contact Us page.

Additional Terms & Conditions for Certain Services

Mobile Vehicle Services

The following additional terms apply to portions of the Services pertaining to the access and use of mobile, on-demand vehicle care services, including all content, software and services made available on or through them, and all related documentation (collectively, the “Mobile Vehicle Services”). These additional terms supplement the main body of the Terms of Use.

Permitted Use of Mobile Vehicle Services is further limited as follows:

1. Access and use of the Mobile Vehicle Services is permitted solely (a) through the Site over the Internet or (b) through the App known as Monro Mobile downloaded and installed on a single iOS- or Android-enabled mobile device; and
2. Use of the Mobile Vehicle Services is permitted solely for your own personal vehicle(s) or, if you are a business-to-business fleet customer (such as a car rental business, truck business, car sharing business or auto auction business), the vehicles of that business.