BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF TENNESSEE LAW.
- MODIFICATION TO THESE TERMS.
BSAM reserves the right to modify these Terms at any time, at its sole discretion. If BSAM decides to change these Terms, BSAM will post the date of the last revision at the top of these Terms and will post the modified Terms on the Site. Changes to 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. The modified version of these Terms will apply to all access and use of the Site thereafter. By continuing to access and use the Site once the modified Terms are posted, you indicate your assent to the modifications and your agreement to be bound by these Terms as modified. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site immediately.
- SITE CONTENT.
(a) Ownership. All information, content and material made available by BSAM 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 BSAM and its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property and other proprietary laws. BSAM and its licensors retain all rights in the Content of this Site. You may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our the express written permission. Any rights granted in these Terms terminate automatically if you breach these Terms. Upon termination of these rights, you must immediately destroy any Content you displayed or printed. BSAM reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
Neither these Terms nor your use of the Site transfers any right, title or interest in the Site or Content to you. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
(b) Injunctive Relief. User acknowledges that a breach of this Section would cause irreparable harm to BSAM, the extent of which would be difficult to ascertain and for which money damages would not be accurate. Accordingly, you agree that, without limiting any other remedies to which BSAM may be legally entitled, BSAM shall have the right to obtain immediate injunctive relief in the event of a breach or threatened breach of this Section by you without the posting of bond or showing of irreparable harm.
(c) Trademarks. BSAM’s name, the BRIDGESTONE mark, and other marks used on the Site are the protected marks of BSAM and/or its affiliates or licensors and may not be used, copied, or imitated without BSAM’s prior written consent.
(d) Notice and Procedure for Making Claims of Copyright Infringement. BSAM 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 BSAM’s Copyright Infringement Policy.
- USE OF THE SITE.
By using the Site, you agree that you shall not: (i) delete, modify, hack or attempt to change or alter any of the Content on the Site; (ii) attempt to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Site; (iii) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with administration and operation of the Site or other parties' use of the Site; (iv) use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine; (v) use any of our names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text; (vi) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (vii) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or (viii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.
- PERMISSIBLE USE.
Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit, and print the Content available on the Site subject to the following conditions: (i) you may only use the Content for personal, informational, or non-commercial purposes; (ii) you may not provide, sell, license, or lease the Content for any fee or other consideration; (iii) you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Site appear on all copies; (iv) you may not modify or alter the Content in any way; and (v) you may not use any graphics separately from accompanying text.
- YOUR PRIVACY.
ALL CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION OR ADVICE BSAM POSTS ON THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. BSAM DISCLAIMS AND YOU HEREBY WAIVE ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF TITLE, QUIET ENJOYMENT, DATA ACCURACY, DATA COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND SYSTEM INTEGRATION. BSAM DOES NOT WARRANT THAT THE CONTENT, INCLUDING YOUR USE OF THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE, ACCURATE, USEFUL, OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE CERTAIN DISCLAIMERS ABOVE MAY NOT APPLY TO YOU. THE SITE DOES NOT GUARANTEE THAT USERS WILL FIND EMPLOYMENT THROUGH THE SITE AND BSAM AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL LIABILTY WITH RESPECT TO USERS’ ABILITY TO SECURE EMPLOYMENT OPPORTUNITIES THROUGH THE SITE.
- LIMITATION OF LIABILITY.
(a) NEITHER BSAM, NOR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES OR ANY LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION, OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, WHETHER RESULTING FROM ACTS OUTSIDE OF BSAM’S CONTROL, NETWORK FAILURES, HARDWARE OR SOFTWARE FAILURES, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, BSAM’S NEGLIGENCE, YOUR ERRORS AND/OR OMISSIONS, OR ANY OTHER CAUSE, EVEN IF BSAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) UNDER NO CIRCUMSTANCES WILL BSAM’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER INCURRED WITH RESPECT TO ONE CLAIM, OR CUMULATIVELY INCURRED FROM MULTIPLE RELATED OR UNRELATED CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SITE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
(c) THE PROVISION OF OUR SITE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THESE TERMS. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
- TERMINATION OF SERVICE.
BSAM reserves the right to change or discontinue at any time, without notice, the Site or Content or the availability thereof. BSAM 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. These Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.
You agree to indemnify, defend and hold harmless BSAM and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, "Losses") that the indemnified party incurs or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms; (ii) your use of this Site or your use of the Content; and (iii) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless BSAM from and against any Losses that BSAM incurs or may incur arising from, resulting from, or arising in connection with your providing to BSAM inaccurate or untruthful information via the Site.
(a) Acknowledgement. You acknowledge (i) that you have read and understood these Terms and (ii) that these Terms have the same force and effect as a signed agreement.
(b) 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 and by destroying all Content obtained from it, and all copies thereof.
(e) Dispute Resolution. You hereby agree that any dispute arising out of or relating in any way to your use of the Site requires that such claim be resolved exclusively by confidential, binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, 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. If you initiate arbitration, you will be responsible for paying a filing fee. The arbitrator will have the authority to waive this filing fee if you can prove financial hardship. BSAM will bear the remainder of the arbitration fees. However, the arbitrator will have the authority to award to BSAM some or all of the fees and expenses BSAM paid if the arbitrator finds that your pursuit of arbitration was unreasonable under the circumstances or in bad faith. 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. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE AND ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING RELATING TO THESE TERMS, THE SITE OR ANY OF THE SUBJECT MATTER CONTEMPLATED HEREIN.
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 Nashville, 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 11(e) 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.
(f) Waiver. The failure of BSAM 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 BSAM’s rights to subsequently enforce any provision of these Terms against you or any other party.
(h) Contact Information. If you have any questions about these Terms, our practices, or your dealings with the Site, please contact us at firstname.lastname@example.org. You may also contact us to update your personal information by notifying us when you change your name or email address.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.