Les Schwab’s Services Terms of Use

Last Updated: September 12, 2025

Welcome! Les Schwab Warehouse Center, LLC DBA Les Schwab Tire Centers (“Les Schwab”) is committed to providing a great customer experience. These Terms of Use (“Terms”) govern your use of our websites, applications, and any other digital features, functionality, or services (collectively, the “Services”) that link here, as well as any content contained therein. The Terms are a legal agreement between you and Les Schwab.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO BE BOUND BY THE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 13 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE READ SECTION 13 OF THIS AGREEMENT FOR MORE DETAILS.

By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Please review the Les Schwab Privacy Policy to learn about the personal information we collect, how we handle personal information, and how you can exercise your privacy rights. By accessing or using the Services, you consent to all actions that we take with respect to your personal information consistent with the Les Schwab Privacy Policy.

 

1. ACCEPTANCE & GENERAL TERMS

By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not want to agree to these Terms do not use the Services.

From time to time, we may change these Terms in our sole discretion. Changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You can always access the most current version of the Terms at the “Terms of Use” link we provide in the Services, including at the bottom of our websites. When we update the Terms, we will show the date it was last updated at the top of this page.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We recommend you check this page when you access the Services so you can be aware of any changes.

These Terms are the sole and entire agreement between you and Les Schwab regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Other terms and conditions may apply to Les Schwab financing, credit, promotions, or other offers.

 

2. CHANGES TO THE SERVICES

Les Schwab reserves the right to take down or change the Services, and any service, feature, functionality, content, or information we provide on the Services, at any time. From time to time, you may not have access to some parts of the Services or the entire Services. Information on the Services may not always be up to date. Les Schwab will not have any liability for changes to the Services, the unavailability of the Services or any part of the Services, or for any out-of-date information on the Services. If you are not satisfied with the Services following such changes, your sole remedy is to stop use of those Services.

 

3. USE OF THE SERVICES AND CONTENT

  1. Personal use. These Terms allow you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, or delete or alter any copyright, trademark, or other proprietary rights notices from this Services.

  2. Content on the Services. The Services and its entire contents, including but not limited to all trademarks, logos, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (together, the “Content”), are owned by Les Schwab or its licensors, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws, as applicable. The posting of Content on the Services by Les Schwab is not a waiver of any proprietary right in such Content and does not transfer or license any rights in any of the foregoing to a user of the Services or any other third party, except as expressly provided herein. You may download, print, or copy certain Content and other downloadable items displayed on the Services for your personal use only, provided that you keep all copyright and other notices contained in the Content and other downloadable items. Copying or storing Content for other purposes is expressly prohibited without prior written permission from Les Schwab or the copyright holder found in the copyright notice contained in the Content.

  3. AI features. The Services may have features that use or otherwise integrate artificial intelligence (“AI”). You authorize Les Schwab and our service providers to store and use your input and any outputs of such features for the purposes of providing and improving the Services, enforcing the Terms and policies, and complying with applicable laws. Please review the output of such AI features; your use thereof is at your sole risk. Les Schwab makes no representations or warranties and provides no indemnities with respect to output of such features.

  4. Apps. We grant you a limited, revocable, and non-transferable license to install and use any mobile applications we make available, including through third-party app platforms, on devices you own or have a legal right to use in accordance with these Terms. You have no rights to the proprietary software and related documentation of any apps, or any enhancements or modifications thereto, provided to you in order to access the Services. You may not sublicense, assign, or transfer any licenses granted by Les Schwab, and any attempt at such sublicense, assignment or transfer will be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from software. The applications may collect analytics and usage data which may be transmitted to us or our service providers. If the application you use is downloaded from a mobile app platform or app store:

    • we both acknowledge that the Terms are between us only, and not with the provider of the app platform or app store. The provider of the app platform or store is not responsible for the software, applications, or the Services or any related support, claims, or disputes.
    • we acknowledge and agree that the provider of the app platform or app store is a third-party beneficiary of the Terms, and that upon your acceptance of these Terms, such provider will have the right to enforce these Terms against you as the third-party beneficiary.
    • if necessary, the provider of the app platform or app store grants you any rights needed to ordinarily use the application.

  5. Prohibited use. You may not to use the Services and Content to:

    • violate any applicable federal, state, local, or international law or regulation or infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of ours or any other person.
    • attempt (or aid in anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, Content, or any features of the Services, or make any unauthorized use of the Services.
    • disable, overburden, damage, or impair the Services, or interfere with, or restrict or inhibit, others use of the Services, including their ability to engage in real time activities through the Services.
    • harm anyone or create liability for anyone, including Les Schwab, our users, and customers.
    • exploit, harm, or attempt to exploit or harm minors in any way, by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • impersonate or attempt to impersonate Les Schwab, a Les Schwab employee, another user, or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).
    • use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the Content on the Services, or scrape, mine, or collect, by any means, Content, information, or data from the Services.
    • use the Services, Content, or any other materials on the Services for the development of any model, algorithm, or generative AI tool.
    • use services, software, or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature, bypassing, or circumventing any access controls, or use limits of the Services.
    • use any manual process to monitor or copy any Content or material on the Services, or for any other purposes not expressly authorized in these Terms.
    • use any device, software, or routine that interferes with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
    • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Services.
    • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
    • attempt to gain unauthorized access to any part or feature of our Services, a Les Schwab Account, or any other systems or networks connected to the Services by hacking, password mining or spraying, or any other illegitimate means.
    • attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
    • otherwise attempt to interfere with the proper working of the Services.

 

4. USER CONTENT

  1. User Content. The Services may contain review features, chats, personal profiles, and other interactive features that allow users to message, submit, publish, display, or transmit content or materials (collectively, “User Content”) to, on, or through the Services. All of your User Content must comply with these Terms. Any User Content is considered, and will be treated as, non-confidential and non-proprietary. By providing any User Content to the Services, you represent and warrant that you own or control all rights in and to the User Content. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Les Schwab, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the User Content or accuracy of any User Content posted by you or any other user of the Services.

  2. Changes to User Content. While Les Schwab does not and cannot review all User Content and is not responsible for User Content, Les Schwab reserves the right to delete, move, or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

  3. User Content license. You grant us and our affiliates a perpetual, nonexclusive, worldwide, royalty free, sub-licensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User Content posted by you on or to the Services for any purpose.

  4. Prohibited User Content. You may not submit any User Content that:

    • contains any material or information that is false, deceptive, fraudulent, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • violates the legal rights (including the rights of publicity and privacy) of others or has any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms.
    • is likely to deceive any person.
    • promotes any illegal activity, or advocates, promotes, or aids any unlawful act.
    • causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • impersonates any person or misrepresents your identity or affiliation with any person or organization.
    • involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
    • gives the impression that it emanates from or is endorsed by us or any other person or entity, if not the case.

  5. DMCA. We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Copyright Agent via email at copyright@lesschwab.com or by mail Attn: Legal Dept., Les Schwab Tire Centers, PO Box 5350, Bend, OR 97708. You acknowledge that if you fail to comply with all of the requirements of this subsection, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
    • A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
    • A description of the material that you claim is infringing and where it is located.
    • Your address, telephone number, and email address.
    • A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    If your User Content is removed and you believe it should not have been under the DMCA (for example, if you believe that your User Content 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 material in your User Content), you may send a counter-notice to our Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against you as the provider of the User Content, 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, in our sole discretion. To submit a counter-notice, you must provide the following information in writing (see 17 U.S.C. 512(g)(3) for further detail):

    • Your address, telephone number, and email address.
    • Your electronic or physical signature.
    • A description of the copyright-protected work or other intellectual property right that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address you provided is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original takedown notice or an agent of such person.

  6. Other IP claims related to User Content. If you believe any User Content violates your trademark rights or other intellectual property rights, please send an email to copyright@lesschwab.com or letter to Attn: Legal Dept., Les Schwab Tire Centers, PO Box 5350, Bend, OR 97708. We may remove any such User Content in our sole discretion.

  7. Enforcement. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, or their right to privacy.

 

5. LES SCHWAB ACCOUNTS

  1. Accounts. To access some parts of the Services you may be asked to provide certain registration details or other information to create an account. You agree to provide correct, current, and complete information, and not create more than one account.

  2. Account use. You agree and understand that you are responsible for maintaining the confidentiality of your account username and password. Accordingly, you are responsible for any actions taken in connection with your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You will ensure that you exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may disable your account at any time, including if, in our opinion, you have violated any provision of these Terms.

 

6. THIRD PARTY LINKS

If the Services have links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites and resources linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

 

7. COMMUNICATIONS

  1. Notices and disclosures. You consent to receive communications from us electronically to the email address you provide. You agree that all notices, disclosures, and other communications related to the Services that we deliver to your email address will satisfy any legal requirement that such communications be in writing.

  2. Promotional communications. Through the Services, you may opt in to receive digital promotional messages to an email address or mobile number you provide to us. When you opt into any of these types of communications, you understand you will receive, and consent to, marketing, transactional, and other messages from us or our affiliates which may be sent by our marketing services providers. Messages may be sent using automated technology and message frequency varies. Your consent or opt-in to promotional messages is not required to make any purchase or participate in our promotions.

  3. SMS Terms. Les Schwab allows customers to receive digital information alerts, service reminders, and credit account notifications via text messaging. The Les Schwab Short Code is 52225. To opt-in to service reminders text “JOIN” to 52225. If you opt-in to receive service reminders, you will receive up to 4 messages per appointment. Your mobile carrier’s message and data rates may apply. You can opt-out of SMS messages at any time by texting “STOP” to 52225. A one-time confirmation message will be sent back to you. To request support at any time, text “HELP” to 52225, send an e-mail to emailsupport@lesschwab.com, or call 1-844-486-5252.

  4. Feedback. Any feedback you provide to Les Schwab will be deemed to be non-confidential and not proprietary. Les Schwab will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

 

8. SOCIAL MEDIA

From time to time, we may engage with you on social media platforms. For example, we may reach out to you and ask for permission to use content you posted on social media platforms including photography, videos, captions, and or related content. Unless we agree in writing to different terms, when you agree to allow us to use your social media content:

  • We will have the worldwide and perpetual right, without payment to you, but not the obligation, to publish your social media content on the Services, in our physical locations, on social media platforms, and on our partner or distributors digital or physical properties in any form; and
  • You represent and warrant that (a) you have the right to grant us the right to use your social media content as set forth in this Agreement and such use by us will not violate the rights of any third party; and (b) any statements or testimonials that are included in your social media content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences.

 

9. WARRANTIES AND REPRESENTATIONS

  1. By You. You represent, warrant, and covenant that: (a) your User Content will not: (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, or (ii) contain libelous or otherwise unlawful material; (b) you are at least 16 years old; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms and agreed to them and supervises your use of the Services.

  2. By Les Schwab. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ITS CONTENTS, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND CONTENT ARE MADE AVAILABLE SOLELY FOR YOUR CONVENIENCE AND GENERAL INFORMATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR CONTENT. ANY RELIANCE YOU PLACE ON INFORMATION CONTAINED THEREIN IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOUR USE OF THE SERVICES, ITS CONTENTS, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES IS AT YOUR OWN RISK. NEITHER LES SCHWAB NOR ANY PERSON ASSOCIATED WITH LES SCHWAB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LES SCHWAB NOR ANYONE ASSOCIATED WITH LES SCHWAB REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENTS, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, ITS CONTENTS, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

10. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LES SCHWAB OR OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Les Schwab, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns for, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or your use of the Services.

 

12. GOVERNING LAW; VENUE; LIMITATION ON ACTIONS

All matters relating to the Services, Content, and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. For all litigation regarding Excluded Claims (defined below) and any other controversy or claim for which arbitration as set forth in the Binding Arbitration and Class Action Waiver Section below is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the city of Bend in the county of Deschutes in the State of Oregon, or in the U.S. District Court for the District of Oregon, Eugene Division, as applicable. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have relating to these Terms, the Services, or the Content must be commenced within one (1) year after the cause of action arises or be forever barred.

 

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

  1. Binding Arbitration. You and Les Schwab agree that any controversy or claim arising out of or relating to the Terms or your use of the Services or the Content, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration, except for (i) claims related to infringement of intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”). The parties further agree that the determination of the scope, enforceability, or applicability of this Binding Arbitration and Class Action Waiver Section 13 of the Terms, including, but not limited to any claim that all or any part thereof of this Section 13 is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Binding Arbitration and Class Action Waiver Section 13 of the Terms.

    YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

  2. Waiver of Class Actions. YOU AND LES SCHWAB AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or us from participating in a class-wide settlement of claims. Notwithstanding the foregoing, an arbitrator may consolidate more than one person's claims if Les Schwab consents to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

  3. Rules. Arbitrations for any disputes between us relating to the Covered Claims will be administered by JAMS Arbitration Services (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). For more information about arbitration, JAMS, and the arbitration process, please consult the JAMS web site at jamsadr.org. All issues are for the arbitrator to decide, including arbitrability. As stated above, Oregon law applies to any arbitration under this Section 13, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

  4. Informal Resolution. Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (a) the factual and legal basis for the claim; (b) contact information for the potential claimant and their counsel, if any; and (c) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 60 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration, or any court action. To provide notice of a claim to Les Schwab, write Les Schwab Tire Centers, PO Box 5350, Bend, OR 97708. This informal dispute resolution process is a prerequisite and condition precedent to starting any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

  5. Conduct of Arbitration. Unless you and Les Schwab agree otherwise in writing, any hearings for the arbitration will take place (a) in a location to be determined in accordance with the JAMS Rules that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (b) at another location you and we agree upon. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

  6. Outcome. Judgment on the award given by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Deschutes in the State of Oregon. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

  7. Mass Arbitrations. In the event 25 or more similar arbitration disputes are asserted against Les Schwab by the same or coordinated counsel, or are otherwise coordinated, (a “Mass Filing”), the resolution of your dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties’ and the JAMS’ resources. The parties further agree:

    • to administer the Mass Filing in batches of 10 disputes per batch (to the extent there are fewer than 10 arbitration disputes left over after the batching described above, a final batch will consist of the remaining disputes) with only one batch filed, processed, and adjudicated at a time;
    • to choose one arbitrator for each dispute within the batch (the same arbitrator may preside over multiple disputes in a batch if the relevant claimants and Les Schwab so agree);
    • to accept applicable fees, including any related fee reduction decided by JAMS in its discretion;
    • that no other disputes for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated.;
    • that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Les Schwab and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication;
    • that the staged process of batched proceedings, with each set including 10 disputes, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and
    • to make good faith efforts to resolve each batch of disputes within 180-days, failing which any of the claimants or Les Schwab may cease arbitration and file in a court of competent jurisdiction.

    Arbitrator selection for the disputes in each batch shall be conducted to the greatest extent possible following the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by JAMS. This Section 13.7 provision shall in no way be interpreted as increasing the number of disputes necessary to trigger the applicability of JAMS’ Mass Arbitration Procedures and Guidelines or authorizing class arbitration of any kind. Unless Les Schwab otherwise consents in writing, Les Schwab does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as described in this subsection. If your dispute or Covered Claim is included in the Mass Filing, any applicable statute of limitation related to your dispute or Covered Claim will remain tolled until your demand for arbitration is decided, withdrawn, or is settled through the process described in this Section 13.7 and 13.8. The parties agree that the batching process described in this subsection is integral to this Section 13 as it applies to a Mass Filing. For any Covered Claim, if the batching provision in this Section 13.7 or the engagement of a mediator in Section 13.8 is found to be invalid, unenforceable or illegal, then the entirety of this Section 13.7 will not apply to that Covered Claim. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. This Section 13.7 Mass Arbitrations or the engagement of a mediator in Section 13.8 will still apply to all other Covered Claims, remedies, and requests for relief that you or we may assert in that or any other action.

  8. Mediation Following First Batch in a Mass Filing. The results of the first batch of disputes will be given to a JAMS mediator selected from a group of 5 mediators initially proposed by JAMS, with Les Schwab and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining disputes in the Mass Filing. After the results are provided to the mediator, Les Schwab, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive method for resolving the outstanding disputes. If the parties are unable to resolve the outstanding disputes during the Mediation Period and cannot agree on a method for resolving them through further arbitrations, either Les Schwab or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Les Schwab nor the remaining claimants opt out and they cannot agree to a method for resolving the remaining disputes through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will continue in the order determined by the sequential numbers assigned to disputes in the Mass Filing.

  9. Opt-out. You have the right to opt out and not be bound by this Binding Arbitration and Class Action Waiver Section 13 of the Terms by sending written notice of your decision to opt out to:

    Les Schwab Tire Centers
    ATTN: General Counsel: Arbitration Opt-Out
    PO Box 5350
    Bend, OR 97708

    The notice must be sent within thirty (30) days of (a) the Last Updated date of the updated Terms; or (b) your first use of the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes following this Section 13. Les Schwab will not be bound to your decisions to opt-out.

  10. All provisions of this Section 13 will survive termination of these Terms, your relationship with us, and your account.

 

14. MISCELLANEOUS

  1. No waiver by Les Schwab of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Les Schwab to assert a right or enforce a provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  2. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Les Schwab, and you do not have any authority of any kind to bind Les Schwab in any respect whatsoever.

  3. Except as set forth in Section 3.4 regarding the apps, you and Les Schwab agree there are no third-party beneficiaries intended under these Terms.

  4. The provisions of the Terms that by their nature apply after the Terms end will survive any termination or cancellation of the Terms.

 

15. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to the Services or Content should be directed to:

Les Schwab | PO Box 5350 | Bend, OR 97708 | (541) 447-4136
generalcounsel@lesschwab.com
1-888-431-8770