Jim Whaley Tires Terms and Conditions
Effective October 5, 2026 | jimwhaleytires.com
These Terms and Conditions ("Terms") govern access to jimwhaleytires.com and related online features that link to these Terms (the "Website"), and participation in Jim Whaley Tires text messaging programs described below. The Website is operated by Jim Whaley Tires ("Jim Whaley Tires," "we," "us," or "our"). "You" means the person using the Website or enrolling in a covered program.
Please read these Terms, including the Website warranty disclaimers and limitations of liability. By affirmatively accepting these Terms or using the Website after receiving legally sufficient notice of them, you agree to them to the extent an enforceable agreement is formed under applicable law. If you do not agree, do not use the Website. Acceptance of these Terms does not itself constitute consent to marketing calls, text messages, tracking, or any other activity requiring separate consent.
1 Scope and priority of documents
These Terms address Website use, online requests, and the messaging programs described here. They do not replace an estimate, repair authorization, invoice, written warranty, road-hazard agreement, financing agreement, or other transaction-specific agreement. A separate agreement accepted for a particular product, service, or program controls over conflicting provisions of these Terms for that transaction. Applicable nonwaivable law controls over all documents.
The legal entity providing a particular store transaction may be identified on your estimate, repair order, or receipt. These Website Terms do not change that entity, expand a manufacturer's coverage, or eliminate any obligation under an applicable warranty or service agreement. Our Privacy Policy explains our information practices and applicable privacy choices.
2 Eligibility and information you provide
You must have the legal capacity to enter the applicable agreement. If you have not reached the age of majority where you live, a parent or guardian with legal authority must make any contractual request or purchase for you where permitted. If acting for a business, vehicle owner, or another person, you represent that you have authority to act and to provide the relevant information.
Provide accurate and current contact, vehicle, and request information. Do not impersonate someone else or submit another person's telephone number for marketing enrollment without valid authority and that person's required consent. If an account feature is offered, protect your credentials, use them only as authorized, and promptly report suspected misuse. You are responsible for your own unauthorized sharing of credentials to the extent allowed by law; these Terms do not excuse our security obligations.
3 Permitted use and intellectual property
We grant you a limited, nonexclusive, revocable permission to use the Website for lawful personal purposes or legitimate business inquiries and transactions with us. You may retain copies of your own records and reasonable portions of public information for those purposes. Website designs, text, graphics, logos, photographs, software, and other content belong to us or the applicable rights holders and are protected by intellectual property law.
Except as authorized by the rights holder or applicable law, you may not reproduce, resell, modify, distribute, create derivative works from, or commercially exploit Website content; remove ownership notices; or use our name or marks to imply endorsement. Nothing limits fair use or other legally protected activity.
4 Prohibited conduct
You may not use the Website to commit fraud, violate law or another person's rights, submit false requests, impersonate others, send spam, introduce malicious code, bypass access restrictions, attempt unauthorized access, interfere with security or availability, or harvest personal information. You may not use automated tools to extract content or overwhelm the Website in violation of applicable law or our access restrictions. Ordinary search-engine indexing is permitted subject to our published technical restrictions. Good-faith security reporting does not authorize intrusive testing or access to others' information.
We may investigate misuse and restrict or suspend Website access when reasonably necessary for security, maintenance, legal compliance, or enforcement. Such action does not extinguish existing consumer, payment, warranty, privacy, or other rights that survive under law or a separate agreement.
5 Appointments estimates and service authorization
Submitting an online appointment or estimate request does not guarantee a reserved time, price, inventory, completion time, or acceptance of the requested work. A request is confirmed only when we communicate confirmation. Contact the selected store for urgent changes or questions. Arrival time and service completion time are different; actual timing depends on vehicle condition, inspection findings, parts, staffing, and other reasonable factors.
Online information and preliminary estimates may depend on the details you provide and may change following inspection. Before performing chargeable work or material additional work, we obtain authorization as required by applicable law and the transaction-specific documents. Merely submitting a Website form does not authorize unspecified repairs or charges. Any inspection fee, diagnostic fee, deposit, cancellation charge, or other fee must be separately disclosed and accepted when required by law; these Terms do not create such a fee.
6 Products fitment pricing and promotions
Product descriptions, photographs, inventory indicators, tire selectors, and fitment tools are provided to assist shopping. Actual products or availability may vary. A qualified technician must confirm appropriate fitment, load and speed ratings, manufacturer recommendations, vehicle modifications, and other relevant requirements before installation. Website suggestions are not a substitute for that assessment.
Unless expressly stated otherwise, quoted prices may exclude applicable taxes and separately disclosed installation, disposal, shop-supply, environmental, or other lawful charges. We disclose the applicable price and required charges before purchase or authorization in accordance with law. We may correct clerical or display errors, but a correction does not authorize an undisclosed increase to an accepted transaction. Where lawful, we may decline an unaccepted request affected by an error; if an accepted transaction cannot be fulfilled, we provide the remedy required by the agreement and law, including a refund where applicable.
Coupons, rebates, price-match offers, limited-time promotions, and financing offers are governed by the specific terms presented with the offer, including dates, eligible products or locations, exclusions, limits, and redemption requirements. Offers cannot be combined unless permitted by their terms. Material restrictions must be disclosed with the offer. Expired or erroneous Website content does not permit us to disregard applicable advertising or consumer protection laws.
7 Purchases payments returns and warranties
If an online purchase or payment feature is offered, the checkout disclosure identifies the applicable seller, price, charges, and payment terms. You authorize only the transaction you affirmatively approve. An automated receipt of a request is not acceptance unless it expressly states that the transaction has been accepted. Payment, cancellation, refund, return, and special-order terms must be provided with the applicable transaction; these Terms do not create a blanket no-refund rule.
Tires, parts, labor, road-hazard products, and services may have different written warranties or coverage terms. Consult the applicable written documents for eligibility, duration, mileage limits, exclusions, claim procedures, and any maintenance obligations. An advertised warranty, including any applicable 3-year or 36,000-mile coverage, remains subject to its disclosed terms and applicable law. The Website disclaimers below concern the Website itself and do not disclaim an express warranty, statutory product right, or workmanship obligation that applies to your purchase.
Financing is offered by the identified third-party lender and is subject to its approval, disclosures, and agreement. We do not guarantee approval, a credit limit, or a particular rate. Review any promotional financing conditions, interest provisions, and payment deadlines directly with the lender. Do not submit sensitive financing information through an ordinary Website contact form.
8 Vehicle safety and Website information
Website articles, maintenance suggestions, price estimates, and digital tools provide general information. They do not diagnose a particular vehicle, certify roadworthiness, or replace an in-person assessment, vehicle manufacturer instructions, or advice from a qualified technician. Do not drive a vehicle you believe is unsafe. Contact appropriate emergency or roadside services when needed. These Terms do not relieve us of duties arising from work we actually perform.
9 Reviews and submissions
You retain ownership of content you submit. If you knowingly submit a review, photograph, or other content for public display through a feature we provide, you grant us a nonexclusive, royalty-free license to host, reproduce, format, and display that content to operate that feature. We may make technical formatting changes without changing the substance. Separate permission is required for uses of your name, image, or content in advertising when required by law. A private service inquiry is not a public testimonial submission.
Submit only material you are entitled to share. Do not include unlawful content, another person's private information, infringement, or false factual representations. We may remove content for lawful reasons such as spam, privacy violations, or material unrelated to the relevant service. Nothing in these Terms prohibits, penalizes, or transfers ownership of an honest consumer review, complaint, report to a regulator, or other protected expression. We do not require a favorable review as a condition of resolving a complaint.
10 Third party services and links
The Website may link to or include independent financing, maps, review platforms, payment services, social media, manufacturer information, or other third-party features. Their separate terms govern your direct use of their services. We do not control all of their content or availability and do not guarantee independent third-party performance. This provision does not disclaim our responsibility for our own conduct or for a provider acting on our behalf where the law makes us responsible.
11 Text messaging terms
Program identity and scope. These terms apply to Jim Whaley Tires SMS and MMS programs. Depending on your enrollment, messages may include appointment confirmations and reminders, estimates, service updates, pickup notifications, receipts, customer support, or separately opted-in promotional offers and marketing. Marketing enrollment is distinct from a request for service-related messages. We use ClickSend and Auto CRM to support delivery and administration of these programs.
Consent. By affirmatively enrolling in a marketing texting program through a disclosure identifying Jim Whaley Tires and the number to be contacted, you consent to recurring marketing texts from or on behalf of Jim Whaley Tires at that number, including messages sent using automated technology as disclosed at enrollment. Consent is not a condition of purchasing goods or services. Signing these general Terms, browsing the Website, requesting an appointment, or providing a number without the required marketing disclosure and affirmative consent does not create marketing-text consent. Service-related messages are sent only with the consent or other lawful basis required for those messages.
Frequency and charges. Message frequency varies according to the program, your requests, and your interactions. Message and data rates may apply under your carrier plan. Any more specific frequency stated at enrollment applies to that program. Contact your wireless provider with questions about its charges. You may incur carrier charges for messages you send to us as well as messages received.
How to stop. Reply STOP to a message to automatically unsubscribe, or communicate another reasonable request to withdraw consent, including through the contact methods in Section 18. We also recognize words such as QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, OPT OUT, or other language that reasonably conveys a request to stop. We process requests promptly and within applicable legal deadlines. We may send one nonmarketing confirmation where allowed. A request to stop all texts will be applied to its stated scope; we do not require you to use an exact keyword or individually contact every sending number when the law requires broader handling.
After withdrawal. We do not resume consent-dependent messages covered by your withdrawal without a new legally valid consent or another applicable legal basis. An opt-out is not permission to substitute a different number or program. We can arrange another available method for necessary service communications. Opting out of email does not automatically opt you out of texts, or vice versa, unless you ask to stop both or applicable law requires that result.
Help and number changes. Reply HELP for assistance or contact Angeli@FreedomMedia.com or (334) 794-2030. You represent that you are the subscriber or customary user authorized to enroll the number and have legal capacity to consent. Notify us if the number is reassigned or you no longer control it. Do not enroll another person without the required authority and consent. We may suspend messages to an invalid or reassigned number.
Delivery and changes. Delivery depends on carriers, coverage, compatible devices, and technical systems. We and participating carriers do not guarantee delivery timing. To the extent permitted by law, carriers are not liable for delayed or undelivered messages. Do not use a messaging program for emergencies. We may modify or discontinue a program on legally required notice. We will not materially expand the scope of your consent merely by revising these Terms, and any new consent required by law will be obtained separately.
Privacy. Our Privacy Policy governs the information we process in connection with texting. We do not sell, rent, or disclose SMS opt-in records, consent records, or numbers collected solely for text enrollment to third parties or affiliates for their own marketing. Providers may process this information solely to support the program as described in the Privacy Policy. Enrollment does not authorize unrelated sellers to contact you. We do not provide customer lists to third parties or affiliated brands for their own marketing.
12 Email calls and electronic communications
We communicate about inquiries and transactions using contact methods you provide, subject to applicable law and your choices. Promotional emails include an unsubscribe method. Automated marketing calls, artificial or prerecorded voice calls, and other regulated outreach require their own legally sufficient consent; these Terms alone do not supply it. We honor lawful do-not-call and revocation requests.
Where you elect to transact electronically, we may provide related records electronically to the extent permitted by law. We obtain any separate electronic-record consent required for legally mandated notices. These Terms do not substitute for special consent requirements or remove rights to a paper record where applicable.
13 Website warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS GENERAL INFORMATION, SOFTWARE, AND TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AS TO THE WEBSITE TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, ERROR-FREE, CURRENT, OR FREE OF HARMFUL COMPONENTS.
This disclaimer does not apply to an express promise we are legally required to honor, a separate product or service warranty, or any warranty or consumer right that cannot lawfully be excluded. Some jurisdictions restrict disclaimers, and this section applies only to the extent permitted in your circumstances.
14 Limitation of Website liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING SOLELY FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. FOR CLAIMS ARISING SOLELY FROM WEBSITE ACCESS OR GENERAL WEBSITE CONTENT, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US SPECIFICALLY FOR THE WEBSITE FEATURE GIVING RISE TO THE CLAIM DURING THE PRECEDING 12 MONTHS.
These exclusions and cap do not govern claims concerning a product sale, vehicle service, property damage from our work, or a separate transaction agreement. They do not exclude or limit liability for fraud, willful misconduct, gross negligence, death or personal injury caused by conduct for which liability cannot lawfully be limited, or any statutory remedy, privacy or security right, or other liability that applicable law does not permit us to exclude or limit. No provision shifts responsibility for our unlawful conduct to you. If a limitation is unenforceable, the remaining lawful provisions apply.
15 Responsibility for misuse
To the extent permitted by law, you agree to indemnify us for reasonable third-party losses and expenses, including reasonable legal fees, directly resulting from your intentional unlawful misuse of the Website, infringement through content you submit, or material violation of these Terms. This obligation applies only to the extent caused by your conduct and does not cover our negligence, misconduct, breach of law, or other responsibility that cannot be shifted to you.
We will provide reasonable notice of a covered claim, allow reasonable participation in the defense, and cooperate appropriately. Neither party may agree to a settlement that admits fault for, imposes a nonmonetary obligation on, or fails to release the other without that party's consent, which will not be unreasonably withheld.
16 Disputes and applicable law
Please contact us first if you have a concern so we can try to resolve it. This invitation is voluntary and does not shorten a limitation period, require you to delay filing, or restrict complaints to a regulator, small-claims remedies, or other nonwaivable rights.
Except where applicable law requires otherwise, Alabama law governs these Website Terms, without applying conflict-of-laws rules that would displace nonwaivable protections. Subject to mandatory consumer venue rights, disputes arising solely under these Website Terms may be brought in courts with jurisdiction in Houston County, Alabama, or the appropriate federal court serving that county, and the parties consent to those courts' jurisdiction. This provision does not override a lawful governing-law or venue provision in a separate transaction agreement or deprive you of mandatory protections of your home state. These Terms do not require arbitration or waive a jury trial or participation in a class proceeding.
17 Changes and general provisions
We may update these Terms and will change the effective date when doing so. Material changes receive any notice and affirmative acceptance required by law. Changes operate prospectively and do not alter an accrued claim or accepted transaction retroactively without a lawful basis. A revised document does not create new marketing consent.
If a provision is invalid or unenforceable, it will be severed or limited only to the extent legally permitted, and the remaining provisions continue. A failure to enforce a provision once is not a waiver of later enforcement. These Terms and any applicable separate agreements form the agreement for their respective subject matter; a more specific accepted agreement controls a conflict. Neither party is the other's agent, partner, or employee solely because of Website use.
You may not assign contractual obligations under these Terms without our consent except where law permits. We may transfer these Terms with the relevant business or assets, subject to applicable law and without diminishing nonwaivable rights. Provisions that by their nature should survive termination, including ownership and lawful limits on Website liability, survive. No force majeure or service interruption excuses payment refunds, privacy duties, or consumer obligations that the law requires despite the interruption.
18 Contact us
Jim Whaley Tires
2237 Montgomery Hwy
Dothan, AL 36303
Email: Angeli@FreedomMedia.com
Telephone: (334) 794-2030
Website contact form: https://jimwhaleytires.com/contact/
For an appointment, urgent repair question, or warranty claim, contact the store handling your transaction using the details on your service documents or https://jimwhaleytires.com/locations/. For SMS help, reply HELP; to stop texts, reply STOP or use another reasonable method described above.