PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IN CONSIDERATION FOR THE FREE USE OF THE SITE, YOU AGREE TO THESE TERMS. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE SITE, OR LINKING TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND DO NOT LINK TO THE SITE.
1. CHANGES TO THESE TERMS.
BSCA reserves the right to modify these Terms at any time, at its sole discretion. If BSCA decides to change these Terms, BSCA will post those changes here. Changes to these 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.
2. GENERAL DISCLAIMER
The information on the Site is provided for informational purposes only and does not constitute an offer. The information provided on the Site is not intended as a substitute for advice provided by the appropriate professionals. You should not rely upon or use any of the products or services made available by or through the use of the Site for decision-making purposes without obtaining the advice of an appropriate professional.
3. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY
a. Ownership. All information, content and materials made available by BSCA 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 BSCA and its licensors and is protected by Canadian, U.S. and international copyright law.
BSCA 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.
BSCA grants you limited and revocable permission to display and print the Content of the Site (other than the computer code comprising the Site) for your personal, non-commercial use only; provided, that, even if you display or print the Content as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in connection with any service or information that is not owned, operated or licensed by BSCA and its licensors or used or linked in any manner that is likely to cause confusion among consumers or that disparages BSCA or its affiliates. The rights granted herein terminate automatically if you breach these Terms. Upon termination of these rights, you must immediately destroy any Content you displayed or printed and remove any links to the Site.
The BRIDGESTONE trademark, and other trademarks used on the Site, are the protected property of BSCA and its affiliates and may not be used, copied or imitated without the prior written consent of BSCA.
b. Notice and Procedure for Making Claims of Copyright Infringement. BSCA 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 BSCA’s Copyright Infringement Policy.
c. Unsolicited Ideas or Material. Do not send BSCA unsolicited ideas or material over which you claim or wish to claim intellectual property rights (“Unsolicited Material”). If you send us Unsolicited Material, you agree that: (1) BSCA has no obligation to review the Unsolicited Material; (2) BSCA has no obligation to keep the Unsolicited Material confidential; and (3) BSCA will own and may use and redistribute the Unsolicited Material for any purpose without any obligation to acknowledge or to compensate you. These Terms will apply notwithstanding any express or implied term, reservation or restriction that accompanies the Unsolicited Material.
Links to third party websites or information are not intended, and should not be interpreted by you, as constituting or implying BSCA’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.
5. DISCUSSION FORUMS; CUSTOMER RATINGS AND REVIEWS
b. License. By uploading or submitting any materials to a Forum, you automatically grant to BSCA and its designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sub-licenseable, 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 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. For all such materials that you submit to or through the Site, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such materials, and your provision thereof to and through 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.
c. Prohibited Uses of Forums. You must use Forums in a responsible manner. You must not transmit any content in connection with any Forum(s) that: (1) restricts or inhibits any other user from using and enjoying the Site; (2) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (3) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any Canadian provincial, territorial or national law, regulation or order, or any U.S. or other international law, regulation or order; (4) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (5) contains a virus or other harmful component; (6) contains any information, software, or other material of a commercial nature; (7) contains advertising, promotions, or commercial solicitations of any kind; (8) constitutes or contains false or misleading indications of origin or statements of fact; and/or (9) contains material irrelevant to the subject matter of the Forum.
BSCA has the right, but not the obligation, in its sole discretion, to review, edit, or delete any content transmitted in any Forum. Without limiting the foregoing, BSCA has the right, but not the obligation, to delete any content that: (1) violates these Terms; or (2) is otherwise illegal, offensive, or inappropriate. Upon such violation, BSCA will have the sole discretion to terminate your access to the Forums and/or the Site.
Although BSCA may from time to time monitor or review content submitted in the Site’s Forums, BSCA is under no obligation to do so and assumes no responsibility or liability arising from the content of any Forum content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any content in any Forum does not constitute approval or endorsement by BSCA.
d. Be Conscious of What You Post. You acknowledge that any content that you post in a Forum is available to the public and accordingly agree that any content you post shall be deemed non-confidential. You should avoid posting any sensitive or personally identifiable information to a Forum. When you post information to a Forum, you are acting at your own risk, and BSCA disclaims all responsibility and liability for your posts.
e. Additional Terms Applicable to Customer Reviews. As a service to its customers, BSCA offers a Forum for Customer Reviews on the Site (“Customer Reviews”). Customer Reviews are intended to provide useful and informative product feedback from consumers who have purchased BSCA products. In addition to other provisions included in these Terms, you must comply with the following guidelines to ensure that your review is eligible to be posted. BSCA has the right, but not the obligation, to refuse publication of Customer Reviews or remove Customer Reviews that do not meet the guidelines in this Section or otherwise fail to comply with these Terms.
i. Validation. Customer Reviews are subject to validation by BSCA and/or its third party service provider. Validation procedures may include, but are not limited to, submission of a valid email address or Facebook login information.
ii.Only Review Products You’ve Used. Reviews are intended to share useful information from consumers’ actual experience using the products. If you haven’t used the products, you should refrain from posting.
iii. Stay on Topic. Reviews must focus on the product, its features and the consumer’s experience with the product. Please keep in mind that your review will be most helpful to other users if it is specific and provides detailed explanations of why you either liked or disliked the product. Avoid discussing pricing, special offers, customer service, or other factors that may vary by market, or posting information about other companies or websites, including but not limited to, information about BSCA’s competitors.
iv.Be Considerate. Be considerate of other users when posting a Customer Review. Do not include inappropriate, derogatory or discriminatory content, and refrain from using obscenities or inappropriate language.
v. Don’t Post Private Information. Do not post information that is personally identifiable information about you or any other person or that is confidential.
vi.BSCA Employees. Employees of BSCA and its affiliated entities are not permitted to post product reviews. By posting a review, you represent and warrant that you are not an employee of BSCA or its affiliated entities.
vii. Photographs or Media Contained in Consumer Reviews. In the event that you are provided the opportunity to post photographs or other media in connection with a Consumer Review (the “Media”), you must not post any content that infringes or violates the intellectual property or other rights of any third party, including another person’s right to privacy. BSCA may remove any Media it deems inappropriate or offensive, at BSCA’s sole discretion. You hereby assign to BSCA all right, title and interest in such Media, including but not limited to, copyright and any other intellectual property rights.
f. Reporting Violations. If you believe that a submission to a Forum or a Customer Review is defamatory, libelous, slanderous, false, obscene, pornographic, profane or misleading or is otherwise in violation of these Terms and wish to report the violation, please use the Contact Us feature of this Site. Although BSCA is not obliged to delete content that you report, BSCA reserves the right to delete content that is in violation of these Terms. Please be sure to describe the submission in sufficient detail so that BSCA can identify it and please identify why you believe the content violates these Terms.
6. PROHIBITED USES OF THE SITE
This Site and all of its Content is offered solely for your own personal, informational, non-competing use. In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Site for any purpose not expressly authorized by these Terms and/or to transmit, post, or distribute to the Site content that:
(1) constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
(2) contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, and spiders;
(3) collects information about others, including but not limited to, users’ e-mail or social media account addresses;
(4) imposes an unreasonable load on the Site’s infrastructure; and/or
(5) reverse engineers or decompiles the software comprising or included in the Site.
7. DISCLAIMER OF WARRANTIES
THIS SITE IS A FREE SERVICE TO YOU. YOU AGREE THAT ALL CONTENT ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THIS SITE, IS PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. BSCA DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF BSCA, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BSCA DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE AND ANY CONTENT, INFORMATION AND/OR FORUMS AVAILABLE THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
BSCA does not warrant or make any representations regarding the use or the results of the use of the Content on this Site in terms of its correctness, accuracy, reliability, or otherwise, and the Content on this Site may contain technical inaccuracies or typographical errors, including errors or omissions concerning price and product specifications. Information, including, but not limited to, product pricing and availability, may be changed or updated without notice.
8. LIMITATION OF LIABILITY
NEITHER BSCA, ITS AFFILIATES, AGENTS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE (COLLECTIVELY, THE “INVOLVED PARTIES”) SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE CONTENT OR THE FORUMS, 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 PERSONS, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO, ACTS OUTSIDE OF THE INVOLVED PARTIES’ CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE INVOLVED PARTIES’ NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT AND FORUMS AVAILABLE THROUGH THIS SITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BSCA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
9. TERMINATION OF SERVICE
BSCA reserves the right to change or discontinue at any time, without notice, the Site, any Forums, contests, Content, materials, equipment, specifications, models, products and/or services described on the Site, or the availability thereof. Products, methods, and processes described on the Site may be covered by Canadian or U.S. or other foreign patents and/or other intellectual property rights. BSCA 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.
You agree to indemnify, defend and hold harmless BSCA and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (the “Indemnitees”) from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with: (1) your breach of these Terms; (2) your use of this Site or your use of the Content, including but not limited to, content or Media you post in connection with a Forum or Customer Review; (3) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by the Indemnitees 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 (4) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless the Indemnitees from and against any Losses that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with your providing to BSCA inaccurate or untruthful information via the Site, whether to gain access to the products or services provided through this Site or otherwise.
a. Duration of Your Obligations. Your 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, removing any links to the Site, and by destroying all Content obtained from it, and all copies thereof.
b.Governing Law; Forum. BSCA makes no representation that the Content on this Site is appropriate or available for use at locations outside of Canada. You may not use the Site or export the Content in violation of Canadian and U. S. export laws or regulations. If you access this Site from a location outside of Canada, you are responsible for compliance with all local laws and regulations. Unless applicable Canadian law requires otherwise, these Terms will be governed by and construed in accordance with the laws of the Province of Ontario 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 the superior court of the province or territory of Canada in which you reside or, if you are not a resident of Canada, in the Ontario Superior Court of Justice.
c. Waiver. The failure of BSCA to enforce any provision of these Terms, or to respond to a breach of these Terms by you or other parties, shall not in any way constitute a waiver of BSCA’s rights to subsequently enforce any provision of these Terms against you or any other party.
d. Headings. The section/paragraph headings appearing in these Terms 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.
e. Enurement. These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without BSCA's prior written consent, which consent shall be at BSCA's sole discretion.