THESE PERFORMANCE TRIAL TERMS OF USE AND AND PRIVACY POLICY (these “Terms”) form a legal agreement between you (referred to in these Terms as “You,” “Your,” or “Yours”) and the Bridgestone Americas Tire Operations, LLC (“Bridgestone”) and govern Your use of Bridgestone’s Performance Trial mobile application (the “Performance Trial Mobile App”). PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE PERFORMANCE TRIAL MOBILE APP.
1. Acceptance of these Terms
THESE TERMS ARE MADE AVAILABLE VIA THE APP STORE OR PLATFORM FROM WHICH YOU DOWNLOAD THE PERFORMANCE TRIAL MOBILE APP (SUCH AS THE APPLE APP STORE OR GOOGLE PLAY STORE) OR VIA A WEBSITE CONTAINING INFORMATION RELATED TO THE PERFORMANCE TRIAL MOBILE APP. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PERFORMANCE TRIAL MOBILE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, BRIDGESTONE IS UNWILLING TO GRANT YOU ANY RIGHTS TO USE THE PERFORMANCE TRIAL MOBILE APP. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT SIGNED BY YOU.
2. Usage Guidelines
You agree to use the Performance Trial Mobile App in compliance with all applicable federal, state, and local laws, rules, and regulations. You are solely responsible for, and Bridgestone hereby disclaims any and all liability with respect to, all data, materials, and other information that You input into the Performance Trial Mobile App and the results obtained therefrom and the accuracy and quality of the same. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Performance Trial Mobile App. You should contact your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use the Performance Trial Mobile App.
Under these Terms, You may not, and You may not permit others to:
(a) Use the Performance Trial Mobile App or other component elements of the Performance Trial Mobile App except as expressly permitted by these Terms;
(b) Distribute, rent, sell, loan, lease, sublicense, or otherwise deal in the Performance Trial Mobile App or other component elements of the Performance Trial Mobile App in any way, or for any purpose, other than with the prior written consent of Bridgestone;
(c) Reverse engineer, disassemble, or decompile the Performance Trial Mobile App or otherwise attempt to obtain the source code for the Performance Trial Mobile App;
(d) Adapt, copy, republish, frame, reproduce, license, transfer, sell, assign, create derivative works based on, modify or otherwise reproduce the Performance Trial Mobile App, in whole or in part;
(e) Obscure, remove, or alter any of the trademarks, trade names, logos, patent, or copyright notices or legends on the Performance Trial Mobile App or in any printouts or screen captures of the Performance Trial Mobile App;
(f) Attempt to gain unauthorized access to computer systems, or networks connected to any Bridgestone server or to the Performance Trial Mobile App through hacking, password mining, or any other means;
(g) Attempt to obtain or access any data or other materials or information through any means not intentionally made available through the Performance Trial Mobile App;
(h) Use any device, software, code or routine intended to damage or otherwise interfere with the proper functioning of the Performance Trial Mobile App or servers or networks connected to the Performance Trial Mobile App, or take any other action that interferes with administration and operation of the Performance Trial Mobile App or other parties' use of the Performance Trial Mobile App; or
(i) Use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Performance Trial Mobile App for purposes other than for a generally available search engine.
You agree that the Performance Trial Mobile App may include security technology that limits Your use of the Performance Trial Mobile App and that, whether or not the Performance Trial Mobile App is limited by security technology, any other use of the Performance Trial Mobile App in violation of these Terms may constitute a copyright infringement. Any security technology is an inseparable part of the Performance Trial Mobile App. You agree not to violate, circumvent, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason or to attempt or assist another person to do so.
These Terms may be controlled and monitored by Bridgestone for compliance purposes, and Bridgestone reserves the right to enforce the Terms without notice to You. Violations of system or network security may result in civil or criminal liability.
You acknowledge that a breach of these Terms would cause irreparable damage and harm to Bridgestone that could not be compensated for by monetary damages. Accordingly, in the event of a breach or threatened breach of these Terms, Bridgestone shall be entitled to injunctive relief from a court of competent jurisdiction, without the posting of bond or other surety in addition to any other rights that Bridgestone may have at law or in equity.
3. Intellectual Property
Unless expressly provided otherwise, You agree that the Performance Trial Mobile App and all intellectual property rights therein, including without limitation all graphics, interfaces, content, scripts, and software contained therein, are owned exclusively by Bridgestone and its licensors. All rights not expressly granted under these Terms are reserved by Bridgestone.
All trademarks, service marks, and logos used in connection with Performance Trial Mobile App are the trademarks of Bridgestone or the respective third-party owner of such trademark, service mark, or logo. You are not granted any right or license with respect to any such trademarks, service marks, and logos or any use of such trademarks, service marks, and logos.
You acknowledge and agree that you are solely responsible for any content, images, graphics, text, comments, or materials You create through the Performance Trial Mobile App (“User Content”) and You agree that Your User Content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You grant Bridgestone a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your User Content in its entirety or in part. You also certify that any person appearing in the User Content has authorized Bridgestone to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute such content in its entirety or in part.
You acknowledge and agree that You may provide certain feedback, statements, suggestions, and ideas (“Ideas”) to Bridgestone, directly or through a third party, in connection with Your use of the Performance Trial Mobile App, which Bridgestone or its licensors may use in future modifications to the Performance Trial Mobile App, multimedia works, and advertising and promotional materials relating thereto. In addition, You acknowledge and agree that Bridgestone may have access to certain analytic and demographic data (“Data”) with respect to Your use of the Performance Trial Mobile App. In consideration of Your access to the Performance Trial Mobile App, You hereby irrevocably assign to Bridgestone any and all rights, title, and interests in any Ideas and Data, including without limitation any copyright, patent right, moral right, and all other intellectual property rights.
You acknowledge and agree that submission of Ideas to Bridgestone, either orally or in writing, will not in any way establish a confidential relationship with Bridgestone, nor will it place Bridgestone in the position of receiving a disclosure in trust. Bridgestone will not be obligated and makes no commitment to treat or maintain Ideas that You submit as confidential. In addition, You do not expect any type of payment or remuneration from Bridgestone for Ideas or Data. You agree that all documents and materials submitted to Bridgestone will become the property of Bridgestone, unless Bridgestone agrees otherwise in writing. No obligation is assumed or may be implied on the part of Bridgestone by receipt or examination of the Ideas or Data, to compensate You, or otherwise enter into another agreement with You.
4. Third Party Content
As a convenience to You, the Performance Trial Mobile App may provide access to content, products, and services of third parties or links to third-party sites, (“Third-Party Content”). You should refer to the separate terms of use and privacy policies for such Third-Party Content before You use them. Bridgestone does not author, edit or monitor Third-Party Content, and is not responsible or liable for such Third-Party Content or Your dealings with any third parties found on or through the Performance Trial Mobile App.
5. Termination
Bridgestone reserves the right to modify or terminate Your access and use of the Performance Trial Mobile App (or portions of the Performance Trial Mobile App) at any time, temporarily or permanently, with or without notice, at any time, and without liability to You. Upon termination, Your license and other rights to the Performance Trial Mobile App granted to You in these Terms will cease upon notice from Bridgestone. Termination, suspension, or cancellation of these Terms or Your access rights shall not affect any right or relief to which Bridgestone may be entitled, at law or in equity. In the event these Terms are terminated, Sections 1-8, and 10-14 shall survive.
6. Disclaimer of Warranties
THE PERFORMANCE TRIAL APP IS PROVIDED SOLELY FOR ENTERTAINMENT PURPOSES.
BRIDGESTONE IS PROVIDING the PERFORMANCE TRIAL MOBILE APP TO YOU “AS IS” AND WITH ALL FAULTS. BRIDGESTONE AND BRIDGESTONE'S LICENSORS, DEVELOPERS, AND SUPPLIERS MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE PERFORMANCE TRIAL MOBILE APP PROVIDED TO YOU UNDER THESE TERMS. BRIDGESTONE EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, WORKMANLIKE EFFORT, COURSE OF DEALING, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE PERFORMANCE TRIAL MOBILE APP. BRIDGESTONE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (I) PERFORMANCE TRIAL MOBILE APP OR ANY THIRD-PARTY CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (II) THE PERFORMANCE TRIAL MOBILE APP WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PERFORMANCE TRIAL MOBILE APP WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY of ANY THIRD-PARTY CONTENT OR OTHER INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE PERFORMANCE TRIAL MOBILE APP WILL MEET YOUR EXPECTATIONS.
7. Limitation of Liability
IN NO EVENT SHALL BRIDGESTONE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, the PERFORMANCE TRIAL MOBILE APP, EVEN IF BRIDGESTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY AND ALL DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, AS A RESULT OF YOUR USE OF THE PERFORMANCE TRIAL MOBILE APP OR ANY OTHER INTERACTION WITH BRIDGESTONE. WITHOUT LIMITING THE FOREGOING, THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIDGESTONE'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD) IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF NEW JESEY, TO THE EXENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS, DISCLAIMERS AND/OR EXLUSIONS SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS SHALL NOT APPLY TO YOU.
8. Indemnity
You agree to indemnify and hold Bridgestone, its affiliates, shareholders, directors, officers, licensors, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss (including attorneys’ fees and costs of litigation) arising out of or in any way related to (a) Your use of the Performance Trial Mobile App, (b) Your violation of these Terms, and (c) Your violation of any rights of any third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Bridgestone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
9. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/), Bridgestone has designated an agent to receive notifications of alleged copyright infringement associated with the Performance Trial Mobile App. Bridgestone will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If You believe a copyrighted work is being infringed, please notify the copyright agent at iplaw@bfusa.com or through the address set forth at the end of this page. When notifying Bridgestone of the alleged copyright infringement, all of the following information must be included:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Performance Trial Mobile App;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
Upon receipt of a notice containing the required information as set forth above, if material is believed in good faith by Bridgestone to infringe a copyright or otherwise violate any intellectual property rights, Bridgestone will remove or disable access to any such material through the Performance Trial Mobile App.
10. Privacy
(a) Information We Collect. In connection with Your use of the Performance Trial Mobile App, Bridgestone may collect and aggregate non-personal data related to the user’s use of the Performance Trial Mobile App, including such information as demographics, Your device type or identifier, usage levels, or Internet Protocol (IP) address (“Anonymous Information”). In addition, Bridgestone may collect, process, use and share personal information that personally identifies You, or any information that is specific to You (“Personal Information”). Bridgestone may from time to time retain third parties to help us collect and aggregate user information related to the Performance Trial Mobile App. Anonymous Information and Personal Information is used internally for administration, troubleshooting, to help improve the quality of the Performance Trial Mobile App, and to gather broad demographic information. Bridgestone may share such Anonymous Information and Personal Information with existing and prospective business partners and advertisers.
(b) In addition to these Terms, You agree that by accessing or using the Performance Trial Mobile App, You are agreeing to the terms of our Privacy Policy, which is available at http://www.bridgestonetire.com/about/privacy (as may be amended from time to time).
(c) COPPA. Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. Bridgestone strictly adheres to COPPA. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, Your legal guardian has reviewed and agrees to these terms and is happy for You to access and/or use the Performance Trial Mobil App. Bridgestone does not collect or maintain information obtained through the Performance Trial Mobile App from those Bridgestone actually know are under 13, and no part of the Performance Trial Mobile App is structured to attract anyone under 13.
(d) Special Notice to California Residents. Under the California Civil Code, residents of the State of California that have provided any Personal Information to Bridgestone have the right to request a list of all third parties to which Bridgestone has disclosed Personally Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if Bridgestone has a privacy policy that gives either an opt-out or opt-in choice for use of Personally Information by third parties (such as advertisers or affiliated companies) for marketing purposes, Bridgestone may instead provide You with information on how to exercise Your disclosure choice options. Bridgestone qualifies for the alternative option; it has established these Terms that provide You with details on how You may either opt-out or opt-in to the use of Your Personally Information by third parties for direct marketing purposes. If You are a California resident and request information about how to exercise Your third party disclosure choices, please send a request to performanceinstituteprivacy@bfusa.com with a preference on how Bridgestone’s response to Your request should be sent.
(e) Notice to Non-US Users/ Consent to Use Your Information. If you are located outside the United States of America, and are using the Performance Trial Mobile App, be aware that Anonymous Information and Personal Information that are collected through Your use of the Performance Trial Mobile App will be transferred to the United States of America, the laws of which may be deemed by your country to have inadequate data protection. If you are located outside the United States of America, you voluntarily consent to the transfer of Your Anonymous Information and Personal Information to storage and/or use of such information in the United States of America.
11. Limitations on Actions
You agree that any dispute arising out of these Terms or Your use of the Performance Trial Mobile App must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
12. Modification to Terms
Bridgestone may change these Terms from time to time by posting updated Terms on or within the Performance Trial Mobile App, or to any website where these Terms may be posted, which shall apply to Your use of the Performance Trial Mobile App after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Performance Trial Mobile App following the posting of any updates or changes to these Terms constitutes Your acceptance of such changes. If You object to any provision of these Terms or any subsequent modifications to these Terms, Your only recourse is to immediately terminate use of the Performance Trial Mobile App.
13. Dispute Resolution
If You are a United States resident, You agree that any dispute arising out of or relating in any way to Your use of the Performance Trial Mobile App requires that such claim be resolved exclusively by confidential, binding arbitration. the arbitration shall be conducted before three neutral arbitrators in Nashville, TN, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. The parties shall equally share all AAA charges and fees associated with the arbitration. Subject to these Terms, the arbitrators will have the authority to apportion liability between the parties, but will not have the authority to award any damages or remedies not available under, or in excess of, the express terms of these Terms. The arbitration award will be presented to the parties in writing, and upon the request of either party, will include findings of fact and conclusions of law. The award may be confirmed and enforced in any court of competent jurisdiction. With regards to any action for breach of confidentiality or intellectual property obligations, nothing in this Section shall preclude either party from seeking interim equitable relief in the form of a temporary restraining order or preliminary injunction. Any such request by a party of a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate hereunder. THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
BECAUSE THE USE OF THE PERFORMANCE TRIAL MOBILE App REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in Davidson County, Tennessee, for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, or (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section 13 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Davidson County, Tennessee, and each party hereby irrevocably consents to the exclusive jurisdiction of such courts.
14. General
Bridgestone may assign its rights and duties under these Terms without notice to You. You may not assign these Terms without the prior written consent of Bridgestone. If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Bridgestone’s failure to act with respect to a breach of these Terms does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. These Terms and any modifications constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
Last Updated: June 1, 2016