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Terms of Use

Yokohamatire.com Web Site - Terms of Use Agreement

Last Updated: October 31, 2014

We ask that you review the following Terms of Use which govern the use of the Yokohama Web site. By using the Yokohama Web site, you agree to follow and be bound by these Terms of Use. These Terms of Use may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the Terms of Use as modified. Your use of the site will be subject to the most current version of the Terms of Use posted on the site at the time of such use.

This Terms of Use Agreement (the "Agreement") governs the use of the Yokohama Tire Corporation ("Yokohama") Web site (the "Site"), describes your responsibilities and limits our liability, among other things, and constitutes your agreement, on behalf of yourself and any entity that you represent (hereinafter collectively "You" or "Your"), to all of the terms and conditions provided below. If You breach any of these Terms of Use, Your authorization to use this Site automatically terminates and You agree to immediately return any and all items that are the property of Yokohama. There may be additional terms and conditions provided throughout the Site governing Your use of specific areas, features, functions, forms, applications and information available throughout the Site and are hereby incorporated into this Agreement. Please read the Agreement carefully before using the Site.

By using the Dealer Site, You represent that You are at least 18 years old and that You are legally able to enter into this Agreement.

Use Restrictions

The Product Registration portions of the Site are provided to register products that You have purchased at an authorized Yokohama Dealer for warranty and other product related purposes.

The Yokohama Dealer Services portions of the Site are for the exclusive use of current Yokohama dealers to assist them in their interactions with Yokohama and their use is prohibited by any other individual, entity or for any purpose not set forth herein. In particular, access to any and all inventory information, information regarding the status of orders, account information, order placement services and product advertising images may be used only by current Yokohama dealers.

You agree not to use any means to circumvent log in, password and other protections Yokohama puts in place to restrict access to certain parts of the Site.

This Site is not a manner through which Yokohama receives and accepts information regarding product and/or service ideas, methods or concepts for new or existing products and/or services. Any such information submitted to Yokohama through this Site is not confidential or protected in any way and Yokohama will be entitled to use, exploit, communicate, dispense and dispose of such information in any manner it so chooses. By submitting such information to Yokohama through this Site, You represent and warrant that You own the rights to such information or are otherwise authorized to distribute, transmit, or display such information and that Your submission of such information to Yokohama does not and will not violate or infringe the rights of any third party or violate any law, regulation or rule.

The use of automated dial-in or inquiry devices in an effort to obtain information through the Site is prohibited.

You agree to not use the Site to:

  • harm minors in any way.
  • upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  • collect or store personal data about other users.
  • use Your project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site.

This Agreement is void where prohibited by law, and the right to access the Site and information thereon is revoked in such jurisdictions.

Registration

Use of the Product Registration portions of the Site is available to persons who have purchased Yokohama products at an authorized Yokohama dealer ("Product Registrants"). Registration of Your Yokohama product on the Site provides Yokohama with a method to contact You in the event it becomes necessary for Yokohama to provide important warranty or other information. For security reasons, make sure that You exit from any activities on the Site at the end of each of Your uses of the Site.

Use of the Dealer Services portions of the Site is only available to dealers of Yokohama products that have become registered users ("Dealers") of the Site. You may choose to become a Dealer with the Site to facilitate Your access to the interactive features on the Site. Registration provides You with access to inventory information, information regarding the status of orders, account information and order placement services. Additional features and information access may be added to the Site in the future for access by Dealers only. Previously registered Dealers will not be required to re-register with the Site in order to use the new features and information access.

To become a Dealer You must register to use the site via phone, email, fax, or other means. The registration information collected at that time shall be entered into the Yokohama database and the dealer then issued a username and password. By registering, You represent and warrant (a) that You are 18 years of age or over; (b) (i) You are personally signing up as a Dealer, or (ii) that You are signing up as a Dealer on behalf of an entity You have identified in the registration information and are authorized to sign for and bind that entity; and (c) the registration information is current, complete, and accurate. Dealer must update registration information to ensure that it continues to be current, complete, and accurate. Yokohama reserves the right to accept or reject Dealer registration for the Site. The Site may also display entity names as part of the registration process to facilitate an individual registrant's affiliation with the correct entity.

Upon acceptance of Dealer's registration, Yokohama shall provide to Dealer a username and password. Upon Dealer's receipt of that username and password, Yokohama authorizes Dealer to access and use the Site subject to these Terms of Use.

It is the responsibility of Dealer to maintain the confidentiality of the username and password. Dealer is responsible for all activity that occurs on Dealer's username and password. Dealer may allow additional employees within Dealer's organization to become additional users under Dealer's account, provided that Dealer will be solely responsible for the activities of these additional users. Dealer must also be aware that these additional users will have full access to all information under Dealer's username and password and may be able to modify the contents of that account, unless such access is limited by Dealer. You agree to notify Yokohama immediately of any unauthorized use of Your username or password and that You will, for security reasons, make sure that You exit from any activities on the Site at the end of each of Your uses of the Site. You may be held liable for any losses incurred by Yokohama, its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, suppliers, distributors, vendors and affiliates caused by unauthorized access of Your account.

Term and Termination

This Agreement is effective as of the date You first use the Site and continues in full force and effect until terminated in accordance with this Section. The Site and its contents, i.e., the images, trademarks, service marks, icons, logos, designs, photographs, artwork, video and/or audio, materials, products, information, descriptions, graphics, functions, features, services and links (collectively "Content") may be changed, updated, revised or deleted at any time without notice and Yokohama may discontinue, modify or suspend the Site at any time without notice, and may terminate, modify or suspend Your access to the Site at any time without notice in its sole discretion. You may terminate this Agreement at any time upon written, telephone or email notice to Yokohama.

Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, You shall cease to access or to use any Content obtained through Yokohama or the Site and immediately return any materials that are the property of Yokohama.

The limitations and disclaimers of warranties, the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.

Use of Materials

The Site and its Content are exclusively owned by Yokohama or its licensors and are protected by United States and international copyright, trademark, and other laws. © 2002-2014 Yokohama Tire Corporation. All rights reserved. Any unauthorized use of the Content or other matter on this Site may violate such laws.

Except as expressly provided herein, Yokohama does not grant any express or implied right to You under any patents, copyrights, trademarks, rights in trade secrets or other intellectual property rights with respect to the Content, materials, services and other matter on the Site, and the Site and its Content may not be distributed, modified, reproduced, or used, in whole or in part, without Yokohama's prior written consent. This includes using Yokohama's trademarks and brand names for metatags, in hidden text or otherwise for the purposes of gaining a higher ranking from search engines. Linking to the Site is prohibited without Yokohama's prior written consent.

Except as otherwise indicated elsewhere on this Site, You may, for personal use, view, download and print the Content available on this Site subject to the following conditions:

  • Except as expressly permitted, the documents, data and other information may not be modified or altered in any way.
  • You may not remove any copyright, trademark or other proprietary notices contained in the Content.
  • Yokohama reserves the right to revoke the authorization to view, download and print the Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Yokohama.
  • The rights granted to You constitute a limited license and not a transfer of title.

The rights specified above to view, download, and print the Content available on this Site are not a right to copy or reproduce the design, layout or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress, copyright and other laws and may not be copied or imitated in whole or in part.

Use by Dealers

Dealer may use the Site in accordance with these Terms of Use. Dealer shall use the Site only for the direct benefit of Dealer's internal business operations, and shall not resell Content to any third parties. With respect to Content available on the Site, Dealer may (i) download Content from the Site to any single computer for Your personal, non-commercial (except with regard to Your use of inherent functionality provided through the Site) use only, and (ii) print Content for use in accordance with this Agreement, so long as the Content is used only to support internal business operations and so long as You keep intact all copyright, trademark, and other proprietary rights notices on the Content and comply with any applicable end user license agreements. Except as specifically permitted above, You shall not (i) reproduce or distribute any Content available through the Site, electronically or otherwise, or (ii) store or aggregate that Content. Any use of the Content on any other website or networked computer environment for any purpose is prohibited. You shall not share, rent or sublicense any of its rights under this Agreement to any other party.

Copyright Infringement

Yokohama has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Yokohama has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Yokohama or of a third party, or otherwise violated any intellectual property laws or regulations. Yokohama’s policy is to investigate any allegations of copyright infringement brought to its attention. If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Yokohama to delete, edit, or disable the material in question, You must provide Yokohama with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yokohama to locate the material; (d) information reasonably sufficient to permit Yokohama to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to Yokohama’s designated agent at:

Fred Koplin
Senior Director of Marketing
Yokohama Tire Corporation
1 MacArthur Place, Suite 800, Santa Ana, CA 92707
Tel: (800) 423-4544 ext. 3839
copyright@yokohamatire.com

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND YOKOHAMA, ALL CONTENT ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR THE WARRANTY OF NON-INFRINGEMENT REGARDING ALL MATERIALS AND SERVICES ON THE SITE AND YOUR ABILITY TO OR INABILITY TO USE THE SITE AND ITS CONTENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR HAVE LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS. THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. YOKOHAMA MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THIS SITE MAY BE OUT OF DATE, AND YOKOHAMA MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOKOHAMA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER COMPANIES OR OTHER WEB SITES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL YOKOHAMA, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, VENDORS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT YOKOHAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SITE OR THE DOWNLOADING AND ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOKOHAMA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL YOKOHAMA'S LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED ONE THOUSAND U.S. DOLLARS. YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR YOKOHAMA ENTERING INTO THIS AGREEMENT. THIS SITE CAN BE ACCESSED FROM COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO YOKOHAMA'S PRODUCTS, SERVICES AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT YOKOHAMA INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES, OR PROGRAMS IN YOUR COUNTRY.

Indemnity

At Yokohama's option and request, You shall, at Your own expense, indemnify, defend and hold Yokohama, its parents, subsidiaries and affiliates, and their respective officers, directors, employees, agents, suppliers, distributors, vendors and affiliates harmless from and against any losses, costs, damages, liabilities and expenses (including reasonable attorneys' fees), arising out of Your use of the Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between You and any third party, (b) based on or caused by unauthorized access to the Site through Your Dealer account, (c) based on facts or alleged facts that would constitute a breach of any of Your representations, warranties or covenants under this Agreement, (d) based on Your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of a request for Yokohama to remove or disable access to any material You uploaded, posted, or transmitted to or on the Site. You shall not enter into a settlement of the foregoing without Yokohama's prior written consent, and shall not incur expenses and fees in defending the above claims, actions or allegations without prior approval from Yokohama.

Links to Other Internet Web Sites

This Site may contain links to third-party Web sites that are not under the control of Yokohama. Yokohama makes no representations or warranties whatsoever about any other Web site You may have access to through this Site. When You access a non-Yokohama Web site, You do so at Your own risk and Yokohama is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site or its resource. Yokohama provides these links merely as a convenience and the inclusion of such links does not imply that Yokohama endorses or accepts any responsibility for the content or use of such Web sites.