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Terms and Conditions Of Use Agreement

Last updated: January 1, 2014

Welcome to Bridgestone Industrial Products America, Inc.'s website (the "Site"). Please read this document carefully before accessing browsing, or otherwise using the Site.

1. Scope of Agreement

This Web Site Terms of Use Agreement (the "Agreement") is between you ("You" and "Your") and Bridgestone Industrial Products America, Inc. ("BIP" or "We"). This Agreement governs Your access to and use of this Site (including without limitation, all Content (as defined herein), software, HTML and other code, and script forming a part of this Site, Your ability to upload Content to the Site, and all goods, services and transactions offered through this Site). In addition to complying with the terms and conditions of this Agreement, You agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Site which are incorporated into and made a part of this Agreement.

Please click here [Privacy Policy link] to read BIP's Privacy Policy, which is hereby incorporated into and made a part of this Agreement. The Privacy Policy explains how BIP collects, uses and discloses Your personal information. By accessing and using the Site, you consent to BIP's actions with respect to your personal information in compliance with the Privacy Policy.

2. Binding Agreement

BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS, CONDITIONS, AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS, AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER.

3. Modification of Site or Agreement

BIP may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all of the goods, services, Content, or transactions offered through this Site), in whole or in part, without notice or liability to You.

BIP reserves the right to modify this Agreement at any time at its sole discretion. If BIP changes these terms and conditions, BIP will post the date of the last revision at the top of this Agreement and will post the revised version on the Site. The modified version of the Agreement will apply to all access and use of the Site thereafter. By continuing to access and use the Site once the modified Agreement is posted, You indicate Your assent to the modifications and Your agreement to be bound by this Agreement as modified.

4. Licenses

  1. You may access and use this Site only for displaying this Site on Your Internet browser for personal, internal, non-commercial purposes.
  2. Except as permitted above, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site.
  3. To the extent BIP permits You to upload Submissions to the Site:
    1. Subject to the Privacy Policy, anything that You submit or post to the Site or send to BIP, including without limitation, text, video content, audio content, ideas, know-how, techniques, questions, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary. BIP shall have the non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, reproduce, distribute, display, perform, sell, lease, transmit, make, have made, or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. All copies of Submissions shall automatically become the sole and exclusive property of BIP and shall not be returned to You. BIP reserves the right (but has no obligation) to remove or refuse to post, in its sole discretion, any comments and other Submissions that are contrary to the purpose or spirit of the Site, including posts that may be considered off topic, off color, offensive, defamatory, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected or otherwise unlawful or inappropriate without prior notice or explanation. BIP may disclose your identity to any third party who claims your Submission violates their rights, including their intellectual property rights or privacy rights. Submissions uploaded by other users is does not express the views of BIP or its affiliates and BIP does not verify the accuracy of such Submissions.
    2. You warrant and represent that you own or have the right to license the rights granted above; that You have full power and authority to enter into this Agreement; that the Submissions will comply with the terms and conditions of this Agreement; and that the Submissions (i) do not violate or infringe the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, privacy rights, publicity rights, and other proprietary rights; (ii) are not libelous, threatening, defamatory, obscene, indecent, pornographic, classified information, or could give rise to any civil or criminal liability under U.S. or international law; (iii) do not include bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (iv) are current, accurate, and complete and not false, deceptive, or misleading; (v) do not contain information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver's license numbers, security codes or passwords; (vi) do not contain "private" or "sensitive" information about any other individual, such as information about that person's sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters; (vii) do not contain the image, name, or likeness of anyone other than Yourself; (viii) do not violate any applicable local, state, national, or international law or encourage the violation of the foregoing; and (ix) are consistent with the spirit of the Site. You hereby waive any moral rights or rights of attribution or integrity with respect to the Submissions you post on the Site.
    3. You are legally responsible for Submissions you post to the Site. If any part of your Submission is not your original work, it is your responsibility to obtain consent from the copyright owner of any material that does not originate with you before you post your Submission. Failure to comply with this restriction may expose You to liability to BIP and liability to individuals whose copyrights or other rights have been violated. UNDER NO CIRCUMSTANCES SHALL BIP OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED OR MADE AVAILABLE THROUGH THE SITE BY YOU OR ANY OTHER USER.

5. Availability and Use of Site

  1. The availability of this Site depends on many factors, including some factors that are beyond BIP's control, such as Your connection to the Internet and the Internet backbone. BIP shall not be liable to You if You cannot use this Site for any reason.

    You represent and warrant that You are 18 years of age or older and have the ability to enter into this Agreement. If you are under the age of 18, you may not use this Site.

  2. If You choose, or receive, a user name, password or similar information as part of our security procedures, You shall treat such information as confidential, and shall not disclose it to any other person. You acknowledge that Your account is personal to You and shall not provide any other person with access to this Site or portions of it using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should 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.
  3. You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Site (a) to reverse engineer or decompile it, or to gain access (or attempt to access) areas or features of the Site or BIP's services or its dealers' services for which You do not have the proper authorization; (b) to impersonate any person or entity (including BIP or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent Yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of "junk mail," "chain letters" or "spam;" (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or BIP's services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in Section 4(c) above; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Site via a denial-of-service attack or a distributed denial-of-service attack; (l) in a manner that BIP determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site or BIP's services.

6. Termination

  1. In addition to any other legal or equitable remedies, BIP may, without prior notice to You, immediately terminate this Agreement, disable any user name, password or other identifier, or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting BIP by e-mail to it@bridgestoneindustrial.com or by regular mail to 402 BNA Drive, Suite 212, Nashville TN 37217, attn.: Webmaster.
  2. Upon any termination of this Agreement, You shall immediately cease all access to and use of this Site and BIP may, in addition to any other legal or equitable remedies, deny Your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the effective date of termination. The provisions of Sections 6, and 11-20, along with provisions that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.

7. Intellectual Property

  1. U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. BIP reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
  2. All information and data that is part of this Site, including without limitation, text, software, graphics, photos, illustrations, images, video and audio clips (collectively, "Content"), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the "Marks") and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of BIP or third parties. BIP reserves the right to change the Content of this Site at any time. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of BIP or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of BIP, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of BIP.
  3. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.

8. Notice of and Procedure for Copyright Infringement

  1. BIP respects others' intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, BIP has designated a copyright agent (the "Designated Agent") to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send BIP's Designated Agent a notice containing the following elements:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
    2. A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
    3. A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that BIP can locate the material;
    4. Your address, telephone number and email address;
    5. A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
    6. A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
  2. Send the notice containing the above information to the following Designated Agent:

    Designated Agent: The Office of the Director of Operations
    Mailing Address: 402 BNA Dr. Suite 212
    Telephone Number: 615-365-0600
    Fax Number: 615-365-9946
    Email Address: copyright@bridgestoneindustrial.com

    NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING BIP THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO BIP'S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED "CONTACT INFORMATION."

9. Links to Other Internet Sites

This Site may contain links to Internet sites owned, operated or maintained by third parties not under BIP's control, including BIP's affiliates. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be BIP's endorsement of the organization or individual associated with the linked site or the content found on the linked site. You assume sole responsibility and liability for Your use of such linked sites.

10. Links to this Site

You must obtain BIP's prior written consent to post any link(s) to this Site. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

11. Warranty Disclaimer; Limitation of Liability

  1. ALL CONTENT, SERVICES, PRODUCTS, AND TRANSACTIONS ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. YOU ACKNOWLEDGE THAT YOU USE THIS SITE IS AT YOUR OWN RISK. BIP DOES NOT WARRANT THAT THE CONTENT, INCLUDING YOUR USE OF THE SITE, INCLUDING YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER USER OR PERSON, WILL BE ACCURATE, USEFUL, COMPLETE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. BIP DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, DATA COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND SYSTEM INTEGRATION. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION IMPLIED WARRANTIES MAY NOT APPLY TO CERTAIN VISITORS. BIP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR BY DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ON ANY SITE LINKED TO THE SITE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIP, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, DIRECT, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), FOR THE USE OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BIP HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM SUBMISSIONS FROM YOU OR FROM ANY OTHER USER OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE.

12. Indemnity

You agree to indemnify, defend and hold harmless BIP, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys' fees) and damages arising out of or relating to (i) Your access or connection to, or use of this Site, including without limitation claims arising out of information, content, or other Submissions submitted to this Site by You, (ii) Your violation of a third party's intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. BIP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with BIP's defense of such claims.

13. Relationship Between the Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and BIP as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of BIP and BIP shall not be liable for any representation, act or omission by You to the contrary.

14. Assignment

You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of BIP's successors, assigns and licensees.

15. Injunctive Relief; Remedies

  1. You agree that BIP's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that BIP shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that BIP may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys' fees.
  2. All rights and remedies granted to BIP under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to BIP at law or in equity.

16. Governing Law and Jurisdiction; Limit on Commencing Actions

  1. This Agreement is governed by the laws of the State of Tennessee, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in Davidson County, Tennessee, USA in all disputes arising out of or relating to the use of this Site.
  2. You must commence any cause of action or claim against BIP within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.

17. International Access

This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.

18. Contact Information

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail copyright@bridgestoneindustrial.com or by regular mail to 402 BNA Drive, Suite 212, Nashville TN 37217, attn: Webmaster.

19. Waiver; Severability; Integration

No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in BIP's exercise of its rights and remedies hereunder or otherwise. Any waiver granted by BIP shall not obligate BIP to grant any further, similar, or other waivers. If any provision of this Agreement 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 this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement.

20. Reservation of Rights

BIP reserves to itself any and all rights not expressly granted herein.