Terms of Use

  

Welcome to www.BridgestoneMotorcycleTires.com (the "Site"), an official website of Bridgestone Americas Tire Operations, LLC (“BATO” or “we”). These Terms of Use (these “Terms”) govern your use of the Site.

Last Updated: 01/15/14

Please read these Terms carefully before using the Site. By visiting or using the Site, or linking to the Site, you acknowledge your acceptance of these Terms and are deemed to have read, understood, and agreed to the terms. IF YOU do not agree to these terms, do not use the Site.

1.  Scope

These Terms constitute an agreement between you and the IT vendor you represent on one hand (collectively, “you”) and BATO on the other. These Terms govern your access to and use of this Site.

Please click here to read BATO’s Privacy Policy, which is hereby incorporated into and made a part of these Terms. The Privacy Policy explains how BATO collects, uses and discloses your personal information. By accessing and using the Site, you consent to BATO’s actions with respect to your personal information in compliance with the Privacy Policy.

2.  Changes to These Terms.

BATO reserves the right to modify these Terms at any time, at its sole discretion. If BATO decides to change the Terms, BATO will post the date of the last revision at the top of these Terms and will post the modified Terms on the Site. Changes to the Terms become effective as of the time they are posted to the Site. We encourage you to visit this section of the Site regularly in order to remain informed of any changes. The modified version of the Terms will apply to all access and use of the Site thereafter. By continuing to access and use the Site once the modified Terms are posted, you indicate your assent to the modifications and your agreement to be bound by the Terms as modified.

3.  Access to Site and Account Security.

(a)

Availability. This Site and all of its content is offered solely for the commercial purpose of enabling the IT vendor you represent to express interest in doing business with BATO. The Site’s availability depends on many factors, including some that are beyond BATO’s control, such as your connection to the Internet, and the Internet backbone. From time to time, BATO may restrict access to some parts of the Site, or the entire Site, to users. BATO shall not be liable to you if you cannot use this Site or any part of it for any reason.

(b)

Minimum Age. You represent and warrant that you are 18 years of age or older and have the ability to enter into this Agreement.

(c)

Obligations.If you choose or receive a user name, password, or similar information as part of BATO’s 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. You should use particular caution when accessing your account from a public or shared computer. BATO has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms. You are responsible for making arrangements necessary to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

(d)

Restrictions.You must use this Site only in accordance with the Terms and only for lawful purposes. In addition to other restrictions set forth in these Terms, you may not use the Site (a) to reverse engineer or decompile it, or to gain access (or to attempt to access) areas or features of the Site, its servers, or servers connected to it, or BATO’s services for which you do not have the proper authorization; (b) to impersonate any person or entity (including BATO 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) 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) 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 BATO’s services or introduces any virus, Trojan horse, worm, logic bomb, or other material that is harmful; (g) to harvest or collect email addresses or other contact information of other users by electronic or other means; (h) to harvest or collect information from the Site through data mining, web scraping, screen scraping, or other automated or technological, collection of information; (i) to send, knowingly receive, upload, download, use, or re-use material that conflicts with the requirements or restrictions set forth in these Terms; (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 way that violates the Terms; (m) in a manner that BATO determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site.

4.  PERMISSIONS; RESTRICTIONS.

(a)

Permission. You may access and use this Site only for displaying this Site on your Internet browser for the purpose of allowing you to send the contact information for the IT vendor you represent to BATO to solicit business from BATO. In the course of doing so, you may temporarily store copies of the Site materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes.

(b)

Restrictions. Except as permitted above, you shall not copy, reproduce, distribute, display, modify, perform, republish, download, store, transmit, 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. You shall not remove any copyright, trademark, or other intellectual property notices from the materials on the Site. If you use or provide any other person with access to the Site or material from the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at BATO’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and BATO reserves all rights not expressly granted reserved. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

5.  SUBMISSIONS AND USE OF THE SITE.

(a)

Submissions. By submitting any information or materials to or through the Site, you grant BATO and its affiliates the non-exclusive, royalty-free, fully paid up, worldwide, transferable, sublicenseable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation to edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale, and import such materials or incorporate such materials into any form now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the submissions. For all such information or materials that you submit to or through the Site, you represent and warrant that you have all rights, necessary to grant the licenses granted in these Terms, and that such materials, and you provision of them to the Site, comply with all applicable laws, rules, and regulations. You further irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding all materials that you submit to or through the Site that you may have under any applicable law or under any legal theory.

(b)

Restrictions. You must use the Site in a responsible manner. Except as permitted above, you shall not copy, reproduce, distribute, display, modify, perform, republish, download, store, transmit, 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. You shall not remove any copyright, trademark, or other intellectual property notices from the materials on the Site. No right, title or interest in or to the Site or any content on the Site is transferred to you, and BATO reserves all rights not expressly granted. Any use of the Site not expressly permitted by these Terms is a breach of these Terms.

(c)

Content Standards. The content you transmit to or through the Site must comply with the following standards (the “Content Standards”). You may not transmit any content to or through the Site that (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, harassing, inflammatory, indecent, violent, discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, or is otherwise objectionable; (iii) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, or any other proprietary right; (v) contains bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (vi) constitutes or contains information that is not current, accurate, or complete or that contains false or misleading indications of origin or statements of fact or material likely to deceive; (vii) impersonates any person or misrepresents your identity or affiliation with any person or organization; and/or (ix) contains material irrelevant to the subject matter of the Site.

(d)

Nonexclusive Remedy. BATO has the right, but not the obligation, in its sole discretion, to review, edit, or delete any content you transmit to or through the Site that (i) violates these Terms or (ii) is otherwise illegal, offensive, or inappropriate. Upon such violation, BATO may, in its sole discretion, suspend or terminate your access to the Site.

6.  COPYRIGHT, TRADEMARK, OTHER INTELLECTUAL PROPERTY.

(a)

Ownership. All information, content and material made available by BATO through the Site, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Site or any component or element of the Site (collectively, the “Content”) is the exclusive property of BATO and its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property and other proprietary laws. BATO and its licensors retain all rights in the Content of this Site. The Content may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof. Unauthorized access to or use of this Site may violate such laws. Any rights granted in these Terms terminate automatically if you breach these Terms. Upon termination of these rights, you must immediately destroy any Content you displayed or printed. BATO reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.

(b)

Trademarks. BATO’s name, the BRIDGESTONE mark, and other marks used on the Site are the protected marks of BATO and/or its affiliates or licensors and may not be used, copied, or imitated without BATO’s prior written consent.

(c)

BATO respects the intellectual property rights of others. If you believe that content on the Site infringes or violates your copyright rights, please follow the procedure for notification described in BATO’s Copyright Infringement Policy.

7.  LINKS.

You may gain access to other websites via links on this Site. These Terms apply to this Site specifically and do not apply to other parties' websites. Similarly, you may have come to this Site via a link from another website. The terms of use of other websites do not apply to this Site. Only these Terms apply to this Site. BATO assumes no responsibility for any terms of use or material outside this Site accessed via any link. Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying BATO’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.

8.  WARRANTIES; DISCLAIMERS.

(a)

Representations and Warranties. You represent and warrant that you have the right to submit the information you transmit to or through the Site and that you have the right to and do hereby grant BATO the right to use the information you transmit to or through the Site. You represent and warrant that the information you transmit to or through the Site complies with the Content Standards and other provisions of these Terms, is current, accurate, and complete, does not contain information that could be used for identity theft purposes (such as social security numbers, credit card, bank account, or other financial information), does not contain any information that you or the vendor you represent or any third party believes is proprietary or confidential, and does not contain private or sensitive information about individuals.

(b)

Disclaimer.   ALL CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION OR ADVICE BATO POSTS ON THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. BATO DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF BATO, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BATO DOES NOT WARRANT THAT THE CONTENT, INCLUDING YOUR USE OF THE SITE, INCLUDING YOUR SUBMISSIONS OR THE SUBMISSIONS SUBMITTED BY ANY OTHER USER OR PERSON, WILL BE UNINTERRUPTED OR ERROR FREE, ACCURATE, USEFUL, OR COMPLETE, 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. BATO DISCLAIMS AND YOU HEREBY WAIVE ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF TITLE, QUIET ENJOYMENT, DATA ACCURACY, DATA COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND SYSTEM INTEGRATION. BATO 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE CERTAIN DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.

9.  LIMITATION OF LIABILITY.

NEITHER BATO, NOR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES OR ANY LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION, OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, WHETHER RESULTING FROM ACTS OUTSIDE OF BATO’S CONTROL, NETWORK FAILURES, HARDWARE OR SOFTWARE FAILURES, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, BATO’S NEGLIGENCE, YOUR ERRORS AND/OR OMISSIONS, OR ANY OTHER CAUSE, EVEN IF BATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BATO’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

10.  TERMINATION OF SERVICE.

BATO reserves the right to change or discontinue at any time, without notice, the Site or Content or the availability thereof. BATO also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Site, with or without notice to you.

11.  INDEMNIFICATION.

You agree to indemnify, defend and hold harmless BATO and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, "Losses") that the indemnified party incurs or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms; (ii) your use of this Site or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by BATO in connection with your use of the Site (including loss of data) or Content or other information services available by or through your use of the Site or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless BATO from and against any Losses that BATO incurs or may incur arising from, resulting from, or arising in connection with your providing to BATO inaccurate or untruthful information via the Site.

12.  MISCELLANEOUS.

(a)

Duration of Your Obligations. YYour obligations under these Terms, as they now exist and may be amended in the future, shall continue for as long as you access or use the Site, or use or maintain any of the Content of the Site or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Site and by destroying all Content obtained from it, and all copies thereof.

(b)

Entire Agreement; Severability.The Terms constitute the entire agreement between you and BATO regarding your use of the Site and any other subject matter herein. If any portion of the Terms is declared or held unlawful, invalid, or unenforceable, then such portion of the Terms shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of the Terms of Use. BATO may, from time to time, offer you the opportunity to use interactive services on the Site. By participating in any such service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.

(c)

Governing Law; Forum.The Site is controlled, operated and administered by BATO from its offices within the United States of America. BATO makes no representation that materials on this Site are appropriate or available for use at locations outside of the U.S. You may not use the Site or export the Content in violation of U. S. export laws or regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws and regulations. The Terms of Use will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law or conflicts of law principles. You hereby agree that any cause of action you may have with respect to the Site must be filed in a local or federal court located in Davidson County, Tennessee.

(d)

Waiver.The failure of BATO to enforce any provision of the Terms, or to respond to a breach of the Terms, by you or other parties shall not in any way constitute a waiver of BATO’s rights to subsequently enforce any provision of the Terms against you or any other party.

(e)

Headings.The section/paragraph headings appearing in the Terms of Use are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.