Last updated: July 1, 2020
PLEASE NOTE THAT THE MOST RECENT REVISION TO THIS AGREEMENT INCLUDES A CLAUSE THAT ALLOWS BIP TO OPT FOR ARBITRATION OVER LITIGATION IN COURT, CLAUSES IN WHICH YOU AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS BEFORE A JURY OR PARTICIPATE IN CLASS ACTION LAWSUITS, AND CLAUSES IN WHICH YOUR RIGHTS WITH RESPECT TO DISPUTE RESOLUTION ARE OTHERWISE AFFECTED. PLEASE SEE SECTION 15 FOR MORE DETAILS.
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
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.
By accessing and using the Site, you consent to BIP's actions with respect to your personal
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 particular offerings on the 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.
You may access and use this Site only for displaying this
Site on Your Internet browser for personal, internal, non-commercial purposes.
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. Without limiting the foregoing, you may not use any of the
information, data, materials, or other Content for any commercial purposes, including by
sharing it with third parties.
5. Availability and Use of Site
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.
If you register an account with the Site or gain access to restricted areas of the Site, You represent and warrant that all information that You provide while registering for an account or that You transmit through the features of the Site in the restricted area shall be true, accurate, and complete. You shall not impersonate anyone or falsely represent Yourself for the purpose of gaining access to the restricted area of the Site or otherwise. 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.
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 products or services for which You do not have the proper authorization; (b) to impersonate any person or entity (including BIP or its employees) or falsely misrepresent Yourself; (c) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (d) 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;” (e) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (f) 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 offerings; or (g) via robot, spider or other automatic device, process or means to monitor, gather, scrape, or copy material found on the Site; (h) in a way that attacks the Site via a denial-of-service attack or a distributed denial-of-service attack; (i) 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.
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 firstname.lastname@example.org or by regular mail to Bridgestone Industrial Products America, Inc., 402 BNA Drive, Suite 212, Nashville TN 37217, attn.: Webmaster.
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 available to it, 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, 10, 11, 14, 15, 18, and 19, 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
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.
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.
You shall not remove any copyright, trademark, or other proprietary legends or notices
that appear on, in or as part of this Site.
BIP may restrict access to certain portions of the Site. To the extent You are permitted to access a restricted area, You acknowledge and agree that in the course of using the restricted area of the Site (and in the course of correspondence between You and BIP that may occur offline in connection with and/or as a result of Your use of the restricted area of the Site), you will receive and be exposed to Confidential Information that BIP desires to protect from unauthorized access, disclosure, or use.
includes all information shared with You via the restricted area of the Site,
all information relating to the business relationship between the parties,
know-how, technology, source code, object code, software and computer programming,
writings, designs, flow charts, databases, specifications, documentation,
discoveries, inventions, creations, processes, methods, business methods,
business procedures, concepts, ideas, trade secrets, copyrights,
and patent applications or patentable material, market studies, research, trials,
pilot programs, models, prototypes, formulas, samples, marketing and sales plans,
proposed marks, designs, illustrations, appearance, packaging, composite materials,
sourcing information, information about raw materials, financial information,
sales performance data and pro-formas, supplier information, customer information,
pricing, sales information, customer lists, customer identifies and information,
risk analyses, personal information, and third party information entrusted to BIP,
and all other information that would reasonably be considered confidential,
all of which belongs to BIP. You may receive Confidential Information via
restricted areas of the Site, electronically, in writing, orally, in tangible or
intangible form, or via other means.
Confidential Information does not include information that is or becomes generally
known to the public that You can prove via written record did not happen as a
result of Your acts or omissions or information that You can show via written record
that You had in Your possession at the time of disclosure and was not acquired
from BIP or a third party that owed a duty of confidentiality to BIP. If You are
required to disclose Confidential Information by virtue of a subpoena, other court
order, or other legal requirement, You must first give BIP prompt written notice of
the potential for such disclosure and the opportunity to seek a protective order or
obtain other relief to preserve the confidentiality of the Confidential Information.
You may only use the Confidential Information for internal purposes expressly
permitted by BIP and under no circumstances may you use the Confidential Information
to compete with BIP or in any way detrimental to BIP. You shall not disclose the
Confidential Information to third parties and shall protect the Confidential
Information against unauthorized access, disclosure, or use using measures at least
as protective as those You use to protect Your own similar information, but in no
event using less than commercially reasonable practices. You acknowledge that
ownership of and title to the Confidential Information, as well as any derivative
works, improvements upon, or modifications to the Confidential Information shall
remain at all times with BIP and that the Confidential Information has value.
When the relationship between you and BIP ends, or, at any time upon BIP’s request,
You shall promptly return to BIP all Confidential Information or, at BIP’s option,
destroy the Confidential Information in Your possession, custody, or control.
You agree that the Confidential Information is valuable and unique, that the
covenants contained in this Agreement are reasonable and necessary to protect BIP’s
legitimate business interests, and that any violation of Your confidentiality
obligations would result in irreparably injury to BIP. In the event of an actual
or threatened breach of the terms of this Agreement, BIP’s remedy at law would be
inadequate and BIP shall be entitled to specific performance, injunctive relief,
or both (without posting of security) in addition to monetary relief and any other
remedies availability to it at law or in equity.
8. 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 and 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.
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
9. Reliance on Content
The Content and other information posted on the Site is made available for general information purposes only. BIP does not warrant the accuracy, completeness, currency, or utility of such Content or information. Any reliance You place on such Content or other information is at Your own risk. BIP disclaims all liability and responsibility arising out of any reliance You (or anyone You inform) place on the Content or other information found on this Site.
10. Warranty Disclaimer; Limitation of Liability.
ALL CONTENT, INFORMATION, SERVICES, 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 YOUR USE THIS SITE IS AT YOUR OWN RISK. BIP DOES NOT WARRANT THAT THE CONTENT OR OTHER INFORMATION WILL BE ACCURATE, USEFUL, COMPLETE, CURRENT, 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 CONTENT, INFORMATION, OR SERVICES OBTAINED THROUGH THE SITE OR BY DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ON ANY SITE LINKED TO THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIP, ITS AFFILIATES, THEIR LICENSORS, 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 YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE.
You agree to indemnify, defend and hold harmless BIP, its affiliates, their licensors, 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, (ii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iii) 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.
12. 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.
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.
14. Injunctive Relief; Remedies.
- 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.
- 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.
15. Governing Law and Jurisdiction; Limit on Commencing Actions.
- This Agreement and your use of the Site are governed by the laws of the United States and the State of Tennessee, U.S.A. without regard to its conflicts of laws principles. You agree that any action, suit, or other proceeding you bring against BIP in connection with the Site or this Agreement shall be brought exclusively in the state or federal courts in Davidson County, Tennessee, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- YOU AGREE THAT AT BIP’S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING FROM OR RELATING TO THIS AGREEMENT OR USE OF THE SITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION TO FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES APPLYING TENNESSEE LAW IN NASHVILLE, TENNESSEE .
- Arbitration is a form of dispute resolution that serves as an alternative to litigation in court. In arbitration, a neutral arbitrator decides the case instead of a judge or jury. There may also be more limited discovery and less review of the decision by courts. By entering into this Agreement, You agree to arbitrate disputes You have with BIP if BIP chooses arbitration at its sole discretion. You may find the forms necessary to initiate a claim in arbitration at www.adr.org.
- YOU AGREE THAT ANY ACTION, SUIT, PROCEEDING, OR OTHER CLAIM YOU MAY HAVE AGAINST BIP SHALL BE BROUGHT INDIVIDUALLY ON YOUR OWN BEHALF AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST BIP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
- 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.
BIP is based in the State of Tennessee in the United States. It provides this Site for use by persons located in the United States and makes no claims that the Site or any of its Content is accessible or appropriate outside 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.
17. Contact Information.
Please send any questions or comments regarding this Site by e-mail to email@example.com or by regular mail to Bridgestone Industrial Products America, Inc., 402 BNA Drive, Suite 212, Nashville TN 37217, attn: Webmaster.
18. 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.
19. Reservation of Rights.
BIP reserves to itself any and all rights not expressly granted herein.