Welcome to the Goodyear Fleet Price Proposal website (the "Site"). This Site is owned and administered by the Goodyear Tire & Rubber Company ("Goodyear").
Notice
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using the Site, you consent and agree to these terms and conditions of use and all applicable laws. If you do not agree with any part of these Terms of Use, YOU MUST NOT USE THE SITE.
General
The terms that govern your use of the Site may be changed periodically. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Periodically, we may change, move or delete portions of, or may add to, the Site.
Conduct
The Site is to be used by approved Goodyear dealers to promote the sale of Goodyear products and advertising programs of Goodyear. This site may not be used for any other purpose or by any non approved entity. In using the Site, you are prohibited from any resale or commercial use of the Site or its contents; any collection and use of any artwork, layout, design or ad copy; any derivative use of the site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior authorization by Goodyear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Goodyear and our business affiliates without prior authorization by Goodyear. You may not use any meta tags or any other "hidden text" utilizing Goodyear's name or trademarks without prior authorization by Goodyear. You shall be solely liable for any damages resulting from any infringement or copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site. Violation of these Terms of Use may be deemed by Goodyear to be a material breach of dealer’s Independent Dealer Agreement and may result in the termination of dealer’s Independent Dealer Agreement, the loss of authorization to use this Site, the loss of advertising support and other incentives, rebates or support provided by Goodyear. Unauthorized use of this Site or a violation of these Terms of Use may give rise to civil damages or criminal penalties. Goodyear reserves the right to pursue all available legal remedies for violations of these Terms of Use
Copyrights and Trademarks
Unless otherwise noted, all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Site (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Goodyear. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any Content found on the Site without prior authorization by Goodyear. Nothing on the Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Site, without prior authorization by Goodyear. Any rights not expressly granted herein are reserved. User of the Site expressly acknowledges that it has no right or interest in or to the Trademarks except as granted under a fully executed Independent Dealer Agreement, and that it will not in any way infringe or contribute to the infringement by others of the Trademarks or other trademarks, brands or trade names of Goodyear or its affiliates. All use of the Trademarks by you in accordance with the terms herein and in accordance with the terms of dealer’s Independent Dealer Agreement shall inure to the sole benefit of Goodyear. You acknowledge that the failure to cease the use of the Trademarks after the termination or expiration of dealer’s Independent Dealer Agreement, the unauthorized use of this Site or a violation of these Terms of Use will result in immediate and irreparable damage to Goodyear. You acknowledge and admit that there is no adequate remedy at law for such failure and agree that in the event of such failure, Goodyear shall be entitled to equitable relief by way of temporary and permanent injunction and such other and further relief as the court may deem just and proper. Resort to such equitable relief shall not be construed as a waiver or limitation of, or substitution for, any other rights and remedies to which Goodyear is entitled under this Agreement or otherwise.Disclaimer
The Site and all contents, information, services and products of the Site is provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. You acknowledge, by your use of this Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Goodyear shall not be liable for any damages of any kind related to your use of this Site. Goodyear makes no warranty that (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations (v) any errors on the Site will be corrected; or (vi) the Site or services on which they are hosted are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
In no event shall Goodyear be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, or other theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if Goodyear had been advised of such damages. In particular, and without limitation, Goodyear will not be liable for the damages of any kind resulting from the use of or the inability to use the Site or from any content posted on the Site by Goodyear or anyone else. However, nothing in this paragraph shall be interpreted to effect the individual product warranties that are standard for Goodyear products. Your sole remedy for dissatisfaction with the Site or its content is to stop using the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. You agree that use of the Site is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Site, or the downloading or use of any materials, data, text or images from the Site.
Indemnification
You agree to defend, indemnify and hold Goodyear harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any other person accessing the Site using your Internet account or the use of the Site by any other person accessing the site on your behalf or acting as your agent, including, but not limited to your media partners or consultants.
Applicable Laws
The Site is administered by Goodyear from its offices in Akron, Ohio, United States of America and is intended for use by residents of the United States of America only. Your use of the Site shall be governed in all respects by the laws of the State of Ohio, U.S.A., without regard to choice of law provisions. You consent and submit to the exclusive jurisdiction of the state or federal courts located in Summit County, the state of Ohio, in any legal proceeding directly or indirectly arising out of or relating to the Site. Goodyear's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Goodyear may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Goodyear makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the substantive laws of the State of Ohio.
Miscellaneous
In any action against Goodyear arising from the use of the Site, the prevailing party shall be entitled to recover all legal fees and expenses incurred in connection with the action, including but not limited to reasonable attorney’s fees and costs. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. (Revised January 11, 2012)