tERMS OF uSE

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Access and use of this website (“the Site”) are subject to the following Terms of Use (“the Terms”). Please read the Terms carefully before using or accessing the Site.

IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD NOT PROCEED ANY FURTHER ON THE SITE. BY CONTINUING TO ACCESS AND BROWSE THE SITE, YOU AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THE TERMS AND ANY APPLICABLE LAWS.

PERMITTED USE

Bridgestone Bandag, LLC, having a registered address at 2905 N. Hwy. 61, Muscatine, Iowa USA 52761, owns and operates this Site. Bandag authorizes you to access and use the Site, including any text, images, audio, video or software, for informational purposes only. You may download material and content displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.

You may not distribute, modify, republish, transmit, reuse, report, post, upload or use the contents of the Site for public or commercial purposes, including the text, images, audio, video or software, without prior written permission from Bandag. You may not use the Site in any manner that could damage, disable, overburden, or impair any server, or interfere with any other party’s use and enjoyment of the Site.

CONTENT PUBLISHED ON THE SITE

The material and content at the Site, including any and all Intellectual Property therein, are owned by Bandag or its affiliate, Bandag Licensing Corporation (“BLC”). All material, content and functionality on the Site, including but not limited to text, graphics, logos, icons and images and the selection and arrangement thereof is the exclusive property of Bandag and/or BLC and is protected by United States and international copyright laws. All rights not expressly granted are reserved. The trademarks, service marks, designs, and logos (collectively “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Bandag and/or BLC.

You shall not remove any proprietary legends including any copyright or trademark notices associated with or attached to content or material downloaded from the Site. Images and graphics displayed on the Site are either the property of, or used with permission by, Bandag. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

CONTENT POSTED OR SENT BY YOU TO THE SITE

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Bandag or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Bandag is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

You covenant that you shall not post or otherwise publish on the Site any materials that

• are threatening, libelous, defamatory, or obscene;
• would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
• infringe the intellectual property, privacy, or other rights of any third parties;
• contain a computer virus or other destructive element;
• contain advertising; or
• constitute or contain false or misleading statements.

Bandag does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Bandag reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

REVISIONS AND SCOPE

Bandag may at any time revise the Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to read the current Terms to which you are bound.

You are under no obligation to accept any revisions to the Terms. If you do not wish to accept any revisions, you should immediately cease your use of the Site.

IF YOU CONTINUE TO USE THE SITE AFTER YOU HAVE BEEN MADE AWARE OF ANY SUCH REVISIONS, YOU WILL BE DEEMED TO HAVE ACCEPTED THOSE REVISIONS.

There may be additional notices on the Site, which will operate in addition to the Terms. If you do not wish to accept them, you should not access or use any areas of the Site to which these notices pertain.

DISCLAIMER OF WARRANTY

ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS” AND BANDAG GIVES NO WARRANTIES IN RESPECT THEREOF. SPECIFICALLY, BUT WITHOUT LIMITATION, BANDAG DOES NOT WARRANT THAT:

YOU WILL BE ABLE TO USE THE SITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM AT THE CURRENT DOMAIN NAME OR ANY OTHER DOMAIN NAME;

THE SITE OR ANY SOFTWARE OR MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE. IT IS YOUR RESPONSIBILITY TO USE SUITABLE ANTI-VIRUS SOFTWARE ON ANY SOFTWARE OR OTHER MATERIAL THAT YOU MAY DOWNLOAD FROM THE SITE AND TO ENSURE THE COMPATIBILITY OF SUCH SOFTWARE OR MATERIAL WITH YOUR EQUIPMENT; OR

ANY INFORMATION PUBLISHED ON THE SITE IS ACCURATE OR COMPLETE OR APPROPRIATE FOR YOUR SPECIFIC PURPOSES OR CIRCUMSTANCES.

BANDAG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE.

LIMITATION OF LIABILITY

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. NEITHER BANDAG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.

BANDAG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, INACCURATE INFORMATION OR OMISSIONS IN THE MATERIAL OR CONTENT ON THE SITE.

BANDAG ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY THAT RESULT IN ANY WAY FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. BANDAG HAS NOT REVIEWED ALL OF THE SITES HYPERLINKED TO THE SITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES HYPERLINKED TO THE SITE. YOUR USE OF AND/OR RELIANCE ON OFF-SITE PAGES OR OTHER SITES TO WHICH YOU HAVE GAINED ACCESS BY MEANS OF HYPERLINKS PUBLISHED ON THE SITE IS AT YOUR OWN RISK.

GOVERNING LAW, JURISDICTION AND SEVERABILITY

These Terms will be governed by and construed in accordance with the laws of Iowa without regard to principles of conflicts of law. Any legal action or proceeding arising under the Terms will be brought exclusively in Muscatine County, Iowa, and the parties hereby consent to personal jurisdiction and venue therein.

If a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect. Copyright © 2003 Bridgestone Bandag, LLC. All rights reserved.

This document was last updated August 20, 2003.