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Home Terms of Use
TERMS OF USE
USE OF THIS WEB SITE IS GOVERNED BY THE FOLLOWING TERMS OF USE. © 2024
BRIDGESTONE AMERICAS, INC. ALL RIGHTS RESERVED.
Last Updated Date: December 6, 2023
These Terms of Use (these "Terms") set forth the legally binding terms governing
your access to and use of the Sites (as defined below) and their respective
contents and, unless otherwise indicated, any other interactive content that
links to Sites. The Sites are operated by Bridgestone Americas, Inc. or its
affiliated companies (hereinafter referred to as "Bridgestone"), and any
materials on the Sites are owned by Bridgestone or its affiliated companies, or
licensed by Bridgestone or its affiliated companies from third parties and
posted on the Sites.
In these Terms, "you" and "your" refer to each person who visits, uses, or
accesses any of the Sites, and to his or her agents (unless the context requires
otherwise), and "we", "us" and "our" refer to Bridgestone. These Terms explain
our obligations to you and your obligations to us in relation to the use of the
Sites.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY
ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY
DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL
ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO
INCLUDES CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO
PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND
WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE SITES IF
YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
By accessing or using the Sites, you acknowledge that you have read, understand,
and agree to be bound by, without limitation or qualification, these Terms and
that you accept and agree to follow all applicable laws and regulations. If you
do not accept and agree to these Terms, do not download, install, or use any of
the Sites. To use some of the Services accessible through some of the Sites, you
may need to have an active subscription to the Services. All rights that are not
expressly granted under these Terms are reserved by us and our licensors or
third party providers. You may use the Sites for your own personal,
non-commercial use. Please read these terms carefully.
SUMMARY OF TERMS
We want to highlight a few important points about these Terms. This is only a
summary of major points to make you aware of certain terms. Please read all of
these Terms prior to using any of the Sites.
* We limit our liability to you.
* We disclaim all warranties and representations of any kind regarding the
Sites. What this means is we provide them to you “as-is” and you should
carefully consider relying on them.
* We may update these Terms from time to time for different reasons. Please
check these Terms regularly. When we update these Terms, we will also update
the “Last Updated Date” above.
* Some services or products we or third parties provide may have additional or
separate terms. Please be sure to review those terms before agreeing to
anything.
* We require you to indemnify us and other parties related to us and hold us
and those related parties harmless for any third party claims related to any
account you make, your use of any of the Sites, and/or your violation of
these Terms.
* Our privacy practices and how we collect, use, and share the information you
make available to us through the Sites is contained in our privacy policy,
which can be found here.
DEFINITIONS
* “Account” means an account you create to use any App, Website, or Service
(accounts may or may not be required to use an App, Website, or Service).
* “Apps” means any mobile or other software applications made available for
your download, access, or use under these Terms.
* “App Provider” means any store or distribution platform (like a Bridgestone
portal, the Apple App Store or Google Play) where an App may now or in the
future be made available.
* “Arbitration Clause” means Section H of these Terms.
* “Device” means your smartphone, computer, tablet or other electronic or
mobile device.
* “Bridgestone” has the meaning provided in the preamble to these Terms.
* “Indemnified Parties” means, collectively, Bridgestone, its parent,
subsidiaries, affiliates, licensors, service providers, and contractors as
well as their respective employees, officers, directors, and agents.
* “Service(s)” means any services provided to you by or on behalf of
Bridgestone under these Terms and through the Apps or Websites. This term may
be provided with a more specific meaning in one or more sections of these
Terms with respect to a particular feature or service.
* “Site(s)” means collectively the Apps, Websites, and Services, or any of
these made available to you by or on behalf of Bridgestone under these Terms.
This term may be provided with a more specific meaning in one or more
sections of these Terms with respect to a particular feature or service.
* “Submission” means any communication or other material (including any
photograph, video, or other audio or visual work) you submit or post to the
Sites.
* “Terms” means these Terms of Service.
* “Y/you” or “Y/your” means the person accepting these Terms.
* “W/we”, “O/our”, and “U/us” means Bridgestone.
* “Website(s)” means any internet web sites made available by or on behalf of
Bridgestone under these Terms.
Other capitalized terms defined elsewhere in these Terms have those meanings
wherever used in these Terms.
GENERAL TERMS
A. Scope. These general terms apply to your use of the Sites. Please also note
that certain of the Sites may link to other Apps, Websites, and/or Services that
we provide and are subject to separate terms. Please ensure that you review
these Terms and any other terms prior to using any Application, Website, or
Service.
B. Not a Substitute for Professional Advice. Although the Sites may provide
information concerning product usage and specifications, it is not a substitute
for advice from a qualified professional, and you should not act or refrain from
acting on the basis of any content included in this site without seeking advice
from a qualified professional.
C. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE
NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR
REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES
IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD
PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY
CAUSED BY A FAILURE OR DELAY IN ANY OF THE SITES, INCLUDING, WITHOUT LIMITATION,
IN CONNECTING A CALL TO ANY ENTITY, OR OTHER TECHNICAL DEFECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO THESE TERMS OR YOUR USE, MISUSE, RELIANCE OF OR INABILITY
TO USE ANY OF THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE,
PROGRAMS, AND SERVICES ON OR AVAILABLE THROUGH THE SITES, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES,
SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY
APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF THE
AMOUNTS YOU HAVE PAID IN THE PRIOR THREE (3) MONTHS FOR THE APPLICABLE SITE THAT
GAVE RISE TO LIABILITY OR FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL
APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TERMS
REGARDING LIMITS ON LIABILITY AND VOLUNTARY SUBMISSIONS SHALL SURVIVE THE
TERMINATION OF THESE TERMS, AND SHALL REMAIN IN EFFECT INDEFINITELY.
D. Disclaimer of Warranties. USE OF ANY OF THE SITES IS AT YOUR SOLE RISK AND
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL
RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE
PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND. WE HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE SITES, AND ALL RELATED MATERIALS,
INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, EITHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PROVIDER PARTY OR ITS
AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, WE
MAKE NO WARRANTY OR GUARANTEE THAT THE USE OF ANY OF THE SITES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
E. Changes to Terms. We reserve the right to change these Terms at any time,
which will be indicated by the ”Last Updated Date” at the top of these Terms. It
is your responsibility to review these Terms frequently and remain informed
about any changes to them, so we encourage you to visit this page often. The
most recent version of these Terms takes precedence over any previous version of
these Terms of use that we have issued related to any Sites and your continued
use of the Sites constitutes your acceptance of the most recent version of these
Terms.
F. Other Terms. Additional or different terms, conditions, and notices may apply
to specific materials, information, products, software, and services offered
through the Sites. In the event of any conflict, such additional or different
terms, conditions, and notices will prevail over these Terms. Please review any
other applicable terms, conditions, or notices.
G. Indemnity and Hold Harmless. In consideration of our provision of the Sites
to you and the rights granted to you in these Terms, to the maximum extent
allowable by law and unless prohibited by law, you agree to indemnify and hold
Indemnified Parties harmless from and against any and all losses, damages,
injuries (including death), causes of action, claims, penalties, interest,
additional taxes, demands, and expenses, including reasonable legal fees and
expenses, of any kind or nature arising out of, in connection with, on account
of, or resulting from, any third party claim or demand made to or against any
Indemnified Party(ies): (1) arising out of your access to or use of the Sites
including any of their features or other services; (2) arising out of your
failure to comply with these Terms; (3) relating to the inaccuracy or
untruthfulness of any representation or warranty that you made under these
Terms; (4) arising out of any activities of anyone other than you in connection
with the Sites conducted through your account or Device; (5) arising out of
access to or use of, or inability to access or use, any of the Sites through
your Device; (6) arising out of any of your other activities under or in
connection with these Terms or the Sites; (7) arising out of any claim or
allegation that any materials, content, or data you upload or otherwise make
available through the Sites infringes the intellectual property, trade secret,
or other proprietary rights of any third party; or (8) arising out of your
negligence, fraud, or willful misconduct. We reserve 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 and shall cooperate with our defense of
such claim.
H. Arbitration. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR
LEGAL RIGHTS.
* EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY
ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
* IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US
INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS.
* DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN
IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE
AVAILABLE IN ARBITRATION.
* In accordance with this section, any dispute, claim, or controversy arising
out of or relating to these Terms, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope
or applicability of these Terms to arbitrate, or relating to any of the Sites
shall, at your or our election, be resolved by neutral, binding arbitration
and not by a court action. If federal law provides that a claim or dispute is
not subject to binding arbitration, this Arbitration Clause shall not apply
to such claim or dispute. Any claim or dispute is to be arbitrated by a
single arbitrator on an individual basis and not as a class action. You
expressly waive any right you may have to arbitrate a class action. You may
choose one of the following arbitration organizations, and its applicable
rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the
American Arbitration Association (800 778-7879, www.adr.org), or any other
organization subject to our approval. You may get a copy of the rules of an
arbitration organization by contacting the organization or visiting its
website.
* Arbitrators shall be attorneys or retired judges and shall be selected
pursuant to the applicable rules. The arbitrator shall apply governing
substantive law and the applicable statutes of limitation. Unless applicable
law provides otherwise, the arbitration hearing shall be conducted in the
federal district in which you reside. We will pay your filing,
administration, service and case management fee, your arbitrator and hearing
fee and any arbitration appeal fees you incur all up to a maximum of $5,000,
unless the law requires us to pay more. The amount we pay may be reimbursed
in whole or in part by decision of the arbitrator if the arbitrator finds
that any of your claims are frivolous under applicable law. Each party shall
be responsible for its own attorney, expert, and other fees, unless awarded
by the arbitrator under applicable law. If the chosen arbitration
organization’s rules conflict with this clause, then the provisions of this
clause shall control. The arbitrator’s award shall be final and binding on
all parties, except that you may appeal any arbitrator’s award pursuant to
the rules of the arbitration organization, and we may only appeal an award
against us exceeding $100,000. Any arbitration under this Arbitration Clause
shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and
not by any state law concerning arbitration.
* You retain the right to seek remedies in small claims court for disputes or
claims within that court’s jurisdiction, and we agree to reimburse your
filing fees for such proceedings. You also retain the right to seek
individual injunctive relief in court. Neither you nor we waive the right to
arbitrate by filing suit. Any court having jurisdiction may enter judgment on
the arbitrator’s award. This Arbitration Clause shall survive any termination
of these Terms. If any part of this Arbitration Clause, other than waivers of
class action rights, is deemed or found to be unenforceable for any reason,
the remainder shall remain enforceable. If a waiver of class action rights is
deemed or found to be unenforceable for any reason in a case in which class
action allegations have been made, the remainder of this Arbitration Clause
shall be unenforceable.
I. Our Privacy Practices. Any personally identifiable information you may
provide to Bridgestone via the Sites is subject to our Privacy Policy.
J. Intellectual Property Rights. The contents of the Sites including, but not
limited to, the text, images, and video contained in the Sites and their
arrangement are owned by or licensed to Bridgestone. All trademarks, logos and
service marks used or referred to (collectively, “Trademarks”) are the property
of their corresponding owners. You cannot and shall not use the Trademarks or
any other content on or available through the Sites, except as we clearly allow
you to in these Terms. In addition, you acknowledge that the Sites themselves
are protected by copyright law. You cannot and shall not copy, reverse engineer,
reproduce, republish, upload, post, transmit, or distribute the Sites or any of
the content provided in or through the Sites, including, but not limited to,
text, images, buttons, html code, audio and video, without our prior written
permission. You cannot and shall not mirror, scrape, or deep link any content on
another website or in any other media. All videos are copyrighted material and
may not be copied, edited, or reproduced without our permission. If we or a
third party service provider make any software, application or other materials
available for you to download, access, or other use from the Sites, Services, or
through the Apps and they include their own license terms, conditions, and
notices, those software, applications, and other materials will be governed by
their own terms, conditions, and notices. When you download, access, or use that
separate content, you agree to those terms, conditions, and notices and you
agree to be legally bound by them. Except for this limited permission, we do not
grant you any express or implied rights or licenses under any patents,
trademarks, copyrights, or other proprietary or intellectual property rights. We
reserve the right to enforce our intellectual property rights to the fullest
extent of the law.
K. Ownership of information submitted via the Sites. Subject to the terms of our
Privacy Policy, Submission will be considered non-confidential. Bridgestone is
under no obligation to post or use any Submission and may remove any Submission
at any time in its sole discretion. Unless otherwise expressly stated in writing
by Bridgestone, no compensation will be paid with respect to the use of any
Submission. Bridgestone shall have no obligation to preserve, return or
otherwise make available to you or others any Submission. Bridgestone shall: (a)
be entitled to unrestricted use of the Submission for any purpose whatsoever,
commercial or otherwise, in any media now known or hereafter developed, without
compensation to you or any other person, and (b) be entitled to sublicense the
foregoing rights, through multiple tiers, to the maximum extent permitted by
applicable law. The foregoing licenses shall survive any termination of our use
of the Sites. By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submission. The rights granted to Bridgestone include but are not
limited to the right to resize, crop, censor, compress, edit, feature, caption,
affix logos to, and to otherwise alter or make use of your Submission. You
understand and intend that any Submission may be available for viewing, rating,
review and comment on by the public, and understand that comments or ratings
with which you disagree or are unhappy about may be published or otherwise
become associated with any Submission. By providing your Submission to
Bridgestone, you hereby waive any privacy expectations that you may have with
respect to any such Submission. You hereby agree to hold Bridgestone and its
affiliates, subsidiaries, licensees, sponsors and assigns harmless from and
against, and hereby waive any right to pursue, any claims of any nature arising
in connection with the inclusion in, publication via or display on any
Bridgestone Site, or any other use authorized under these Terms, of your
Submission.
L. Government Usage Rights. All materials, software and applications on or
available through the Sites are provided with “RESTRICTED RIGHTS.” Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in applicable laws and regulations.
M. Term and Termination. These Terms become effective when you download,
install, or use the Sites and shall remain in effect until your use is
terminated. You may terminate your access to any of the Sites at any time in
accordance with any specific procedure set forth in these Terms, or if no
specific procedure is provided, by discontinuing use of any of them, as
applicable. Your failure to comply with these Terms will result in automatic
termination of any rights granted to you, without prior notice, and you must
immediately destroy all copies of downloaded materials in your possession or
control. We reserve the right to terminate these Terms at any time if you
violate these Terms or we reasonably believe your use of any of the Sites
violates these Terms. Upon termination, you will no longer have a right or
license to access or use the Sites and you must immediately destroy all copies
of downloaded materials in your possession or control. The portions of these
Terms affecting limits on liability, arbitration, and voluntary submissions will
survive the termination of these Terms and continue to be in force indefinitely.
N. Security. The security, integrity, and confidentiality of your information is
extremely important to us. We have implemented and maintain security measures
and standards that are designed to help us protect your information from
unauthorized access, disclosure, use, and modification. We review our security
measures and standards and update as necessary or advisable to reflect new
technology and methods. While we use such security standards and measures, we
cannot guarantee that personally identifiable information or any other
information you submit on or through any of the Sites will be secure because no
security measures are perfect or impenetrable. Please carefully consider the
information that you submit and the risks in submitting that information.
O. Alternate Login Methods. You may be able to access your account within the
Sites by using features such as fingerprint recognition, facial recognition, or
other biometric input, which are specific to your mobile device. These features
are provided through your mobile device’s built-in functionality, and
Bridgestone has no responsibility for any failure of these features, either
where such failure may prevent you from accessing your account or where such
failure may permit an unauthorized third party to access your account. When you
use these features, your biometric data is stored on your device and is not
transferred to, processed, or stored by or on behalf of Bridgestone. Be aware
that if you enable features such as fingerprint or facial recognition, anyone
with a fingerprint or face profile stored on your device may have access to the
information contained within the Sites.
P. Links to External Sites and Services. The Sites may contain links to and from
third party websites, applications, and/or services. We make no representations
whatsoever about any other websites, applications, and/or services that you may
access from or through any of the Sites. We are not responsible for the privacy
notices or content from those websites, applications, and/or services. We
expressly deny any liability whatsoever for use of such websites, applications,
and/or services, or for the content, accuracy, opinions expressed and other
links provided by these resources. It is up to you to take precautions to ensure
that whatever you select for your use is free from viruses and meets your needs.
Each of these resources may be subject to and governed by additional terms and
conditions of use provided by the third parties responsible for such resources,
and you are solely responsible to comply with such terms and conditions.
Q. Use of the Sites. Your use of the Sites, including but not limited to
requesting or using the Services, must comply with all applicable federal,
state, and local law, rules and regulations. You are prohibited from
transmitting, providing or introducing any content into the Apps, Sites, or
Services, or through the Sites into other systems related to the Services, that:
(1) infringes any third party intellectual property, publicity or privacy
rights; (2) violates any applicable law, rule, or regulation; (3) is defamatory,
obscene, profane, false, threatening, pornographic, inappropriate, fraudulent,
deceptive, or unprofessional; (4) creates a nuisance for our service providers,
business, or other customers of the Services; (5) contains any viruses, Trojan
horses, worms, time bombs, or other computer programming routines that are
intended to damage, detrimentally interfere with, secretly intercept, or
expropriate any system, or any data or personal information from or through any
software or hardware associated with the Services or any vehicle; (6) attempts
to gain unauthorized access to any of our other users’ accounts; (7) attempts to
gain unauthorized access to our computer networks; (8) violates these Terms; or
(9) is otherwise tortious or criminal. We do not generally make editorial
determinations about your transmissions or any content you may provide through
the Sites. However, we reserve the right to take any actions we deem necessary
or appropriate to minimize any liability to us arising from your transmissions,
any content you provide, your use of any App, Site, or Service, or to otherwise
preserve our relationships with our service providers (including internet access
providers). We will cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity of anyone posting any
such information or content or as otherwise stated in any additional applicable
terms.
R. Changes or Updates to the Sites. Subject to any other additional terms
governing the Sites as set forth in the “Other Terms” section of these Terms, we
reserve the right to change, modify, remove, or restrict access to or use of any
features, capabilities, or components of any of the Sites or to completely
remove any of the Sites in our sole discretion, at any time, and without notice
or obligation to you. All information, specifications, photographs, and
illustrations that are provided within any of the Sites are those available at
the time of release, and we reserve the right to change materials,
specifications, or design, at any time, and without notice or obligation to you.
We use reasonable efforts to include accurate and up-to-date information on the
Sites, however errors or omissions may occur, including information concerning
price and product specifications. In addition, information, including, but not
limited to, product pricing and availability, may be changed or updated without
notice.
S. Third-Party Hardware, Services, Sites, and Apps. When you use the Sites, you
may need to use hardware, services, and/or applications that were not developed
by us and are not under our control, such as your Device, the mobile network
provided by your wireless service provider, your Device’s browser, email, and/or
SMS programs, dialer, and other applications. We cannot and do not assure you
that these third party hardware, services, and/or applications will work
correctly with the Sites and we expressly deny any liability related to the
involvement and interaction with these third party hardware, services, and/or
applications.
T. Data Fees, Network Costs, and Other Expenses. The Sites may make use of a
data network operated by your wireless service provider to send both data and
recorded audio from your Device to our servers and call centers, and to send
information back to you. Depending on your data plan, you may incur charges from
your wireless provider for users of their network and/or for specific services
such as downloading data, videos, and/or other content, making phone calls,
sending or receiving text messages, and/or emails and other services. You are
solely responsible for any and all costs you incur as a result of your usage of
the Sites.
U. Users Outside the United States. This Sites are controlled, operated and
administered by Bridgestone from its offices within the United States of
America. Bridgestone makes no representation that materials on or within the
Sites are appropriate or available for use at other locations outside of the
U.S. and access to them from territories where their contents are illegal is
prohibited. You may not use the Sites or export the materials on or within the
Sites in violation of U. S. export laws and regulations. If you access the Sites
from a location outside of the United States, you are responsible for compliance
with all local laws. If you reside outside the U.S., any information you provide
to us on or through the Sites will be transferred out of your country and into
the U.S. If you do not want your personally identifiable information or other
information to leave your country, do not provide your information to us. By
providing your information to us, you explicitly agree that we may transfer your
information to the U.S. Please note that personally identifiable information
collected on the Sites may be stored and processed in the U.S. or any other
country in which the we or any of our affiliates, subsidiaries, or service
providers maintain facilities.
V. Use by Children. The Sites are not intended for children under 13 years of
age, and we do not knowingly collect personal information from children under
13. If we learn we have collected or received personal information from a child
under 13 without verification of parental consent, we will delete that
information. If you believe we might have any information from or about a child
under 13, please contact us.
W. Governing Law and Local Law Considerations. Any claims relating to the
information, services or products made available through the Sites will be
governed by the laws of the State of Tennessee, U.S.A., excluding the
application of its conflicts of law rules. Subject to the terms in Section H
above, you agree that venue for all actions, relating in any manner to these
Terms, shall be in a federal or state court of competent jurisdiction located in
Davidson County, Tennessee. Laws in some communities may restrict the use of
certain features of the Sites. Please check local regulations for any
requirements or restrictions on the use of the features in any of the Sites that
you use. Any cause of action You may have with respect to Your use of the Site
must be commenced within one (1) year after the claim or cause of action arises.
X. Contact Us. You can contact us by visiting our contact page.
Y. Designated Copyright Agent. The Digital Millennium Copyright Act of 1998 (the
“DMCA”) provides recourse for copyright owners who believe material appearing on
the Internet infringes their rights under U.S. copyright law. If you believe in
good faith that materials made available on or accessible through the Site
infringe your copyright, you (or your agent) may send us a notice requesting
that we remove or block the materials or disable access to them. If you believe
in good faith that someone has wrongly filed a notice of copyright infringement
against you, the DMCA permits you to send us a counter-notice. Notices and
counter-notices must meet the then- current statutory requirements imposed by
the DMCA. For purpose of the DMCA, notices and counter-notices can be sent to:
IPLaw@bfusa.com.
Z. Additional Services. Subject to availability, you may be able to access the
following services (or additional services not listed below) through the App or
Sites. BRIDGESTONE IS NOT THE PROVIDER OF THESE SERVICES. These services are
provided through or on behalf of one or more third-party providers. When you
access these services through the Sites, you will be directed to the third-party
provider’s site. Access to these services is subject to applicable terms and
conditions of service made available by or on behalf of the third party
provider(s). Bridgestone strives to keep the information below reasonably up to
date, but the providers or services listed below are subject to change from time
to time, and the current information may be different from the information
listed below.
1. Google Analytics. This site uses the following Google Analytics Advertising
Features:
i. Remarketing with Google Analytics
ii. Google Display Network Impression Reporting
iii. Google Analytics Demographics and Interest Reporting
iv. Integrated services that require Google Analytics to collect data
for advertising purposes, including the collection of data via advertising
cookies and identifiers
We share the data collected using Google Analytics with a trusted set of
third-party vendors and use it to help us analyze how users use our Site. Google
Analytics plants a cookie on your web browser to identify you as a unique user
the next time you visit this Site. Google’s ability to use and share information
collected by Google Analytics about your visits to this Site is restricted by
the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent
Google Analytics from recognizing you on return visits to this Site by disabling
cookies on your browser, or following the Google opt-out process.
AA. Miscellaneous. These Terms, including any other terms, conditions, and
notices you may have agreed to separately as set forth in the “Other Terms”
section of these Terms, constitute the entire legal agreement between you and
Bridgestone, which agreement governs your use of the Sites and completely
replaces any prior agreements between you and Bridgestone in relation to the
Sites. The English language version of these Terms will control and
translations, if any, are non-binding and for reference only. There is no
fiduciary relationship between you and us. These Terms do not create any
relationship of principal and agent, partnership, joint venture, or employer and
employee, between you and us. You may not enter into any contract on our behalf
or bind us in any way. If any part of these Terms is deemed by a court of
competent jurisdiction to be unlawful, void, or for any reason unenforceable,
then that part will be deemed severable from these Terms and will not affect the
validity and enforceability of any remaining provisions. We may assign these
Terms or any part of them without restriction or condition. You may not assign
these Terms without our prior written consent. Our failure to enforce the strict
performance of any provision of these Terms will not constitute a waiver of our
right to subsequently enforce such provision or any other provisions of these
Terms. You also agree that monetary damages would be inadequate for such harm
and consent to our obtaining any injunctive or equitable relief that we deem
necessary or appropriate. These remedies are in addition to any other remedies
we may have at law or in equity.
BB. App Store Terms of Use. The following terms apply to any App accessed
through or downloaded from any App Provider. You acknowledge and agree that:
1. These Terms are concluded between you and Bridgestone, and not with the App
Provider, and that Bridgestone (not the App Provider, to the extent the App
provider is not Bridgestone), is solely responsible for the App.
2. To the extent you obtain an App from the Apple App Store, any licenses
granted hereunder for the use of the App are limited to a license to use
the App on any Apple-branded products that you own or control and as
permitted by the Usage Rules set forth in the App Store Terms of Service,
except that the App may be accessed and used by other accounts associated
with you via family sharing or volume purchasing.
3. Unless expressly stated otherwise in writing by the App Provider, the App
Provider has no obligation to furnish any maintenance and support services
with respect to the App.
4. To the extent the App Provider is not Bridgestone, you may notify the App
Provider in the event of any failure of the App to conform to any
applicable warranty, and the App Provider will refund the purchase price
for the App to you (if applicable) and to the maximum extent permitted by
applicable law, the App Provider will have no other warranty obligation
whatsoever with respect to the App. To the extent that Bridgestone is not
the App Provider, any claims, losses, liabilities, damages, costs or
expenses other than the purchase price attributable to any failure to
conform to any warranty will be the sole responsibility of Bridgestone in
accordance with these Terms.
5. To the extent the App Provider is not Bridgestone, the App Provider is not
responsible for addressing any claims you have or any claims of any third
party relating to the App or your possession and use of the App, including,
but not limited to: (A) product liability claims; (B) any claim that the
App fails to conform to any applicable legal or regulatory requirement; or
(C) claims arising under consumer protection or similar legislation.
6. To the extent the App Provider is not Bridgestone, in the event of any
third party claim that the App or your possession and use of that App
infringes that third party’s intellectual property rights, Bridgestone will
be solely responsible for the investigation, defense, settlement, and
discharge of any such intellectual property infringement claim to the
extent required by these Terms.
7. To the extent the App Provider is not Bridgestone, the App Provider, and
its subsidiaries, are third party beneficiaries of these Terms as related
to your license of the App, and that, upon your acceptance of the terms and
conditions of these Terms, the App Provider will have the right (and will
be deemed to have accepted the right) to enforce these Terms as related to
your license of the App against you as a third party beneficiary thereof.
8. You must also comply with all applicable third party terms of service when
using the App.
9. You represent and warrant that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
10. To the extent you obtain an App from the Apple App Store, you agree that
Apple, and Apple’s subsidiaries, are third party beneficiaries of the
sections of these Terms applicable to the App, and that, upon the your
acceptance of these Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce the applicable End User License
Agreement against you as a third party beneficiary thereof.
CC. Accessibility. Bridgestone aims to ensure that individuals with disabilities
can access all of the goods and services offered by Bridgestone. Our goal is to
enable all individuals to successfully research our products and services and
transact business through the Sites regardless of the use of assistive
technologies. For information about our actions to improve accessibility, please
visit our accessibility page. If you are having trouble accessing any portion of
the Sites, please contact our Customer Service Team using the contact
information provided for assistance.
DD. E-Commerce Terms
1. Payment and Order Acceptance.
i. Payments for products purchased through the Sites will be processed by a
third party payment gateway. Your use of the third party payment gateway may be
subject to your agreement with additional terms and conditions provided by the
third party. Bridgestone has no liability for any disagreement between you and
the third party payment processor which may arise out of these additional terms
and conditions.
ii. If you purchase products on the Sites, you agree to pay, using a valid
credit card (or other form of payment that Bridgestone may accept from time to
time), the applicable fees and taxes (if any) set forth in the offer that you
accepted. Bridgestone accepts most generally-accepted credit card brands;
however, Bridgestone may add or change the cards which it accepts, at any time,
in its sole discretion.
iii. For your convenience, a hold will be placed on your payment card at time of
purchase; however, the actual purchase transaction will not be finalized until
after the products are installed at the Bridgestone location. If the products
are not installed, the hold will be reversed 7 days after it is applied.
iv. All authorized charges will be billed to your designated credit card account
(or other payment method), on the terms described at the time of your purchase.
If a payment hold cannot be charged to your credit card as set forth above,
Bridgestone reserves the right to cancel your order. It is your responsibility
to ensure that sufficient funds are available to cover the charges for the
products, and Bridgestone has no liability for any overdraft or other fees that
you may incur as a result of processing your payment. Bridgestone will contact
you if all or any portion of your order is canceled or if additional information
is required to accept your order.
2. Tax Policy. Unless stated otherwise, prices for all products are in United
States dollars and exclude any and all applicable taxes and shipping and
handling charges, unless expressly stated otherwise. To the extent permissible
under law, you are responsible for any applicable taxes, whether or not they are
listed on your receipt or statement. Bridgestone charges sales tax on all
orders as required by law. The sales tax amount is based on the location of the
store at which the products are installed.
3. Product Installation Appointments. When you purchase products for
installation, you will be asked to provide details to enable Bridgestone to
schedule an appointment for installation. You will need to provide:
i. A convenient available date for their tire installation appointment
ii. A convenient available time for their tire installation appointment
iii. An indication of whether you intend to leave your vehicle for the
installation service, or wait during the service
4. Cancellations. To cancel an installation appointment, you can contact the
location you selected for installation, or contact customer service.
5. Manufacturer’s Rebates. Certain product purchases may entitle you to claim
one or more manufacturer’s rebate offers. Rebates are handled through third
party websites and are not directly fulfilled by Bridgestone. Rebate
availability and processing are subject to the terms, conditions, and policies
of the third party providers.
6. Returns, Refunds, and Exchanges. You may return products purchased through
the Sites to Bridgestone under the terms provided at the location you selected
for installation.
EE. Text Messaging Terms & Conditions. By opting in to receive text messages
from Bridgestone Americas, Inc. and/or Firestone Complete Auto Care
(hereinafter, “We,” “Us,” “Our”) (the “Service”), you agree to these Text
Messaging Terms and Conditions (the “Agreement”). Your participation in the
Service is also subject to our Privacy Policy (Privacy Policy | Firestone
Complete Auto Care) Terms of Use (Read Our Site Terms of Use | Firestone
Complete Auto Care) and any other applicable terms and agreements related to
your use of Our services. This Agreement is not intended to modify other terms
or the Privacy Policy that may govern the relationship between you and Us in
other contexts.
1. Your Consent to Receive Automated Calls/Texts: You acknowledge that by opting
in to receive text messages and voluntarily providing your telephone number(s),
you expressly agree to receive ongoing recurring automated text messages (such
as SMS, MMS, or successor protocols or technologies) from, or on behalf of, Us
that may be sent using an automatic telephone dialing system related to a
variety of purposes, including, without limitation the marketing and sale of Our
products, services, offers, promotions, and events, as well as your relationship
with Us, including your orders and the products and services that you have
inquired about. You understand that consent is not required to make any purchase
from Us. Message and data rates may apply. Message frequency may vary.
2. Providing Telephone Numbers and Duty to Notify: You verify that the mobile
number provided to Us is true and accurate and that you are the current
subscriber or owner of any telephone number that you provide.
3. Opt Out Instructions: Your consent to receive automated texts is completely
voluntary. You may opt-out at any time. To opt out of text messages, reply
“STOP” to any mobile message from Us. You may also text “HELP” for help. You
acknowledge and agree to accept a final text message confirming your opt-out. We
may use different shortcodes for different messaging purposes, so texting STOP”
to one shortcode will not effectuate a stop request for all shortcodes to which
you are subscribed. If you would like to stop messages from multiple
shortcodes, text “STOP” to each shortcode to which you would like to
unsubscribe.
4. Indemnification to Us: You agree to indemnify Us for any privacy, tort or
other claims, including claims under the Federal Telephone Consumer Protection
Act or any state law equivalents, including claims relating to your voluntary
provision of a telephone number that is not owned by you and/or your failure to
notify Us of any changes in your mobile telephone number. You agree to
indemnify, defend and hold us harmless from and against any and all such claims,
losses, liability, costs and expenses (including reasonable attorneys’ fees).
5. Participation Requirements: By participating in the Service, you acknowledge
and agree that you are eighteen (18) years or older or are of the age of
majority in your jurisdiction. You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be
a wireless service subscriber with text messaging service. Not all cellular
phone providers carry the necessary service to participate. Please check your
phone capabilities for specific text messaging instructions.
6. Termination of Text Messaging: We may suspend or terminate your receipt of
text messages if We believe you are in breach of this Agreement. Your receipt of
text messages from Us is also subject to termination if your mobile telephone
service terminates or lapses. We also reserve the right to modify or
discontinue, temporarily or permanently, all or any part of Our text messages,
with or without notice.
7. Miscellaneous: You represent and warrant to Us that you have all necessary
rights, power and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of such
obligations will place you in breach of any other contract or obligation. If any
provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.
We reserve the right to change this Agreement from time to time by updating this
page, and such updates will be effective immediately upon posting. You
acknowledge your responsibility to review this Agreement from time to time and
to be aware of any such changes. By continuing to participate in the Service
after any such changes, you accept this Agreement, as modified.
8. Contact Us: You can contact 1-833-396-5873 for customer support.
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