PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY VISITING OR USING THE SITE, OR LINKING TO THE SITE, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
BATO reserves the right to modify these Terms at any time, at its sole discretion. If BATO decides to change the Terms, BATO will post those changes here. Changes to the 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 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
· Ownership. All information, content and material made available by BATO 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 BATO and its licensors and is protected by U.S. and international copyright law. BATO 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. BATO grants you 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 BATO or in any manner that is likely to cause confusion among consumers or that disparages BATO 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. The BRIDGESTONE trademark, and other trademarks used on the Site, are the protected property of BATO and its affiliates and may not be used, copied or imitated without the prior written consent of BATO.
· Notice and Procedure for Making Claims of Copyright Infringement. BATO 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 BATO’s Copyright Infringement Policy.
Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying BATO’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 BATO and its designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sub-licensable, 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 know or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. 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.
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 BATO disclaims all responsibility and liability for your posts.
e. Additional Terms Applicable to Customer Reviews. As a service to its customers, BATO 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 BATO 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. BATO has the right, but not the obligation, to refuse publication of Customer Reviews that do not meet the guidelines in this Section or otherwise fails to comply with these Terms.
i. Validation. Customer Reviews are subject to validation by BATO 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.
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 BATO’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 or otherwise confidential.
vi. BATO Employees. Employees of BATO and its affiliated entities should not post product reviews. By posting a review, you represent and warrant that you are not an employee of BATO 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. BATO may remove any Media it deems inappropriate or offensive, at BATO’s sole discretion. You hereby assign to BATO all right, title and interest in such Media, including but not limited to copyright and any other intellectual property rights.
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 the Terms, you agree not to access and/or use the Site for any purpose not expressly authorized by the 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 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
ALL CONTENT OF 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. BATO DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF BATO, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY 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 BATO 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.
BATO does not warrant or make any representations regarding the use or the results of the use of the information or materials on this Site in terms of their correctness, accuracy, reliability, or otherwise, and information on this Site may contain technical inaccuracies or typographical errors. BATO uses reasonable efforts to include accurate and up-to-date information on this Site; however, errors or omissions may occur, including information concerning price and product specifications. In addition, information, including, but not limited to, product pricing and availability, may be changed or updated without notice.
8. LIMITATION OF LIABILITY
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE 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 PERSON, 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 OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, BATO'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF BATO HAS 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, BATO’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
9. TERMINATION OF SERVICE
BATO reserves the right to change or discontinue at any time, without notice, the Site, any Forums, contests, Content, materials, equipment, specifications, models, and/or products, described on the Site, or the availability thereof. Products, methods, and processes described on the Site may be covered by U.S. or foreign patents and/or other intellectual property rights. BATO 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 BATO 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, including but not limited to content or Media you post in connection with a Forum or Customer Review; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by BATO 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 (iv) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless BATO from and against any Losses that BATO incurs or may incur arising from, resulting from, or arising in connection with your providing to BATO 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 and by destroying all Content obtained from it, and all copies thereof.
d. Waiver. The failure of BATO to enforce any provision of the Terms, or to respond to a breach of the Terms, by you or other parties shall not in any way constitute a waiver of BATO’s rights to subsequently enforce any provision of the Terms against you or any other party.