Revised September 10, 2015
Goodyear's Commitment to Privacy
The Goodyear Tire & Rubber Company and its affiliates (collectively, "Goodyear") respect individual privacy and value the confidence of our associates, customers, vendors and others with whom we do business. Goodyear strives to process Personally Identifiable Information (“PII”) in a manner consistent with the laws of the countries in which we do business.
You are not required to provide any PII to use this site. Any information you do provide through this site will be maintained in a reasonably secure manner and will only be used or disclosed in a manner consistent with the purposes for which you provide the information, or as otherwise disclosed to you, including as described in this policy. For more information on Goodyear's privacy policies and practices, click on this link.
Definitions
For purposes of this Policy, the following definitions shall apply:
"Personally Identifiable Information" means any information or set of information, whether alone or in combination with other Personally Identifiable Information, gathered, processed, used or stored by Goodyear that is sufficient to identify an individual. Personally Identifiable Information does not include information that is anonymous, nor does it include publicly available information that has not been combined with non-public Personally Identifiable Information.
This Online Privacy Policy is applicable to the following web domains operated by The Goodyear Tire & Rubber Company and/or its subsidiaries and affiliates: goodyear.com, goodyear.ca, fr.goodyear.ca, espanol.goodyear.com, kellytires.com, dunloptires.com, corporate.goodyear.com, goodyearaviation.com, goodyeartrucktires.com, goodyearotr.com, racegoodyear.com, and goodyearrvtires.com, and any other Goodyear website, online service, or mobile application where this Online Privacy is posted or accessible via hyperlink (collectively, the "Sites"). Other websites operated by The Goodyear Tire & Rubber Company and/or its affiliates may have separate and additional privacy terms or policies. The Goodyear Tire & Rubber Company encourages you to read these additional terms or policies before utilizing these websites, as your utilization will be governed by those additional privacy terms and/or policies.
Information Collection
When you browse a Goodyear website, PII is not collected simply as a result of your browsing. Some functions of our websites, however, may request that you voluntarily supply Goodyear with PII, including but not limited to your name, email address, phone number, vehicle type, and physical address for purposes such as user registration, making or initiating a purchase, arranging for services, requesting feedback on products and services, participating in online surveys, and otherwise communicating with you. In those instances, you may decline to provide your PII, but as a result you may not have access to, or the benefit of, those features. Goodyear also may retain electronic communications you send to customer service representatives, webmasters, installers or other representatives or other associates or service providers.
Goodyear websites track information about visits to those sites. For example, statistics are compiled that show the daily requests received for particular files on a site, and what countries those requests come from. These aggregated statistics are used to customize Goodyear websites, and may also be provided to others.
Certain Goodyear sites may use "cookies" or "web beacons." A "cookie" is an element of data that a website can send to your browser, which may be stored on your computer, device or system. Cookies allow Goodyear to better serve visitors to Goodyear websites by offering a tailored experience. A "web beacon," also referred to as a "spotlight" or "pixel tag", is used to recognize unique cookies and assist us in determining which advertisements bring users to a specific website or page. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. If you decline to accept the cookie, it will also disable the web beacon. The information collected does not contain your name, address, telephone number or email address. Goodyear from time to time permits third parties to apply cookies when you visit the site. However, the Goodyear website gives you a means to control how these cookies are placed and used. Currently, Goodyear utilizes a service known as “AdChoice” and you can access it through a link on the respective Goodyear website’s home page. The AdChoice function provides a list of companies that Goodyear allows to track on the websites. You can opt out from receiving interest-based ads from those who allow it by clicking “all off" and "apply changes." If you opt out, these companies will still collect data about you on the Goodyear website, but these companies will not use that data to serve you interest-based advertisements. Different browsers use different methods to communicate such “Do Not Track” signals; the industry has not yet adopted a uniform method to do so. For this reason, Goodyear websites are not able to interpret or respond to Do Not Track signals.
Information Goodyear collects may be stored on third party data storage systems, and in those instances Goodyear requires those third parties to employ security practices and systems designed to protect the security of the information. For additional information, please see Goodyear’s Global Privacy Policy.
Information Use
Goodyear and third parties acting on Goodyear's behalf may use the PII you give to Goodyear for purposes such as:
- User registration
- Processing, recording, and tracking a purchase, payment, return, warranty or rebate
- Arranging for services
- Inviting your participation in online surveys
- Requesting feedback on products and services
- Otherwise communicating with you through various channels.
Promotions and offers you receive may be based on information you provide in response to surveys, information you provide in connection with product and service inquiries, transactions conducted through or facilitated by Goodyear websites, or other communications made to or through a Goodyear website. If you do not want to receive email or other communications from Goodyear, please adjust your communications preferences (click here). Goodyear will use reasonable efforts to address all requests to remove names from any postal mail or email lists.
Online Tire Registration Information
Any information provided by users through the online tire registration form available on this site will not be shared with any third party other than as provided by law, nor will it be used for any marketing purposes. Any information you provide in the online tire registration form is maintained in a separate tire registration database and is not used for any other purpose.
Disclosure
Goodyear will not disclose PII to third parties, other than as we may inform you, including as described in this Policy, Goodyear's Global Privacy Policy or where such disclosure is required by law or is in relation to a judicial or government action or investigation.
Goodyear may disclose PII to third parties that assist Goodyear in promoting and marketing its products and services; storing and analyzing the PII; conducting user and consumer ratings, reviews and surveys; communicating with you on Goodyear’s behalf; and processing and fulfilling transactions, including tire purchases and installations and/or other vehicle services; and as otherwise necessary to provide promotional communications or services to website users and customers.
Payment processing, including debit and credit card payment processing, is performed by third party service providers and Goodyear does not process or store your credit or debit card information in connection with transactions occurring through Goodyear websites.
Except as described in Goodyear’s Global Privacy Policy, Goodyear does not otherwise sell or rent PII to other persons or entities unless specifically disclosed at the point of collection.
Other Web Sites
Goodyear websites may contain links to non-Goodyear sites, and we make every effort to link only to sites that share our high standards and respect for privacy. However, Goodyear is not responsible for the content of or the privacy practices employed by non-Goodyear sites.
Children
Goodyear does not knowingly collect any PII (such as name, address and telephone number) from children under 13 years of age through any Goodyear website. Goodyear websites specifically instruct children under 13 not to submit such information to this web site. Goodyear does not allow children under 13 to register for or participate in contests or promotions on this site. However, if the parent or guardian of a child under 13 believes that his or her child has provided Goodyear with PII, that parent or guardian should contact Goodyear if they want this information deleted from Goodyear’s systems. If Goodyear obtains knowledge that it has PII about a child under 13 in retrievable form in its files Goodyear will delete that information from existing files. In addition, anyone under 18 years of age should seek his or her parent's or guardian's permission prior to using or disclosing any PII on this site.
Disclaimer
By using a Goodyear site, you signify your assent to this Online Privacy Policy and to Goodyear's Global Privacy Policy. If you do not agree to this Policy, please do not use this or other Goodyear sites. Goodyear reserves the right, at Goodyear’s discretion, to change, modify, add, or remove portions of this Policy at any time. Please check this page periodically for changes. Your continued use of the site following the posting of changes to this Policy will mean that you accept those changes.
Effective as of December 20, 2019
The Goodyear Tire & Rubber Company and its affiliates (collectively, "Goodyear") respect individual privacy and value the confidence of our associates, customers, vendors and others with whom we do business. Goodyear strives to process Personally Identifiable Information (“PII,” as defined below) in a manner consistent with the laws of the countries in which we do business, and we pride ourselves on upholding the highest ethical standards in our business practices.
This Global Privacy Policy sets forth the general privacy principles that Goodyear follows with respect to PII that is processed in our business operations. In addition to this Global Privacy Policy, there may be specific campaigns, promotions, programs and websites that are governed by additional privacy terms or policies. Goodyear encourages you to read these additional terms or policies before participating in or utilizing these campaigns, promotions, programs or websites as the processing of your PII in this context will be governed by those additional privacy terms and/or policies.
Important note for individuals located in (or whose PII is processed by Goodyear entities established in) the European Union (EU), Iceland, Liechtenstein, Norway, and Switzerland
This Policy consists of:
- this front section, which sets out the general principles applied by Goodyear when processing PII; and
- an addendum for PII that (i) originates from or (ii) is processed in the EU, Iceland, Liechtenstein, Norway, and Switzerland (the "EU Addendum").
If you are located in (or if your PII is processed in) one of the above jurisdictions, Goodyear encourages you to read the EU Addendum, which contains important additional information about the processing by Goodyear of PII originating from or processed in those countries.
Notice to California Residents
If you are a California resident, you may have certain additional rights under the California Consumer Privacy Act, California Civil Code Section 1798. Visit our Your California Privacy Rights page for more information.
Scope
This Policy applies to any and all forms of “processing” (as defined below) of PII in any format or medium, relating to (i) individuals who are customers, prospective customers, suppliers and prospective suppliers with whom Goodyear does business or (ii) representatives or contact persons of such customers, suppliers, and prospective customers and suppliers.
The Policy does not apply to any information processed about legal entities as such.
Definitions
For purposes of this Policy, the following definitions shall apply:
“European Economic Area” or “EEA” means the Member States of the European Union plus Iceland, Liechtenstein, Norway, and Switzerland.
"Personally Identifiable Information" or “PII” means any information or set of information, whether alone or in combination with other Personally Identifiable Information, processed by Goodyear, which is sufficient to identify an individual. Personally Identifiable Information does not include information that is anonymous, nor does it include publicly available information that has not been combined with non-public Personally Identifiable Information. For PII originating from or processed in the EEA, PII shall have the meaning given to it in the EU Addendum.
“Processing” shall mean any operation or set of operations that is performed upon PII or sets of PII, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction and the verb “to process” shall be construed accordingly.
As used in this Policy, “Goodyear” means The Goodyear Tire & Rubber Company and its affiliates.
Privacy Principles
When processing PII, Goodyear shall follow these principles:
Notice and Consent
Goodyear endeavors to inform persons whose PII Goodyear collects, in accordance with applicable law. This includes providing information about (i) the purposes for which Goodyear collects and uses the PII, (ii) the types of third parties to which Goodyear discloses (or may disclose) that PII, and (iii) the choices and means Goodyear offers the subjects of the PII for limiting the use and disclosure of their PII.
Unless otherwise required under applicable law, Goodyear will endeavor to provide notice when persons are first asked to provide PII to Goodyear, or as soon as practicable thereafter.
Unless permitted by applicable law, no PII is collected without first obtaining the consent of the individual for the collection, use and disclosure of that PII. In some circumstances the consent for Goodyear to collect PII may arise from the nature of the relationship between Goodyear and the individual, or an individual’s interaction with Goodyear, such as by using a Goodyear website or engaging in a transaction with Goodyear.
When you provide PII to Goodyear, you acknowledge that you have read this Policy and, where required under applicable law, consent to the collection, use and disclosure of your PII in accordance with this Policy and other applicable Goodyear privacy policies, such as Goodyear’s Online Privacy Policy. You may, as provided by applicable law, be free to refuse or withdraw your consent.
Goodyear, and third parties on its behalf, use the PII collected from you for purposes such as, but not limited to, user registration; administering and tracking a purchase, payment, return, warranty or rebate; arranging for services; inviting participation in online surveys; requesting feedback on products and services; and otherwise communicating with you through various channels.
Choice
Subject to any stricter requirements under applicable law, Goodyear will endeavor to offer persons whose PII it possesses an opportunity, where feasible and reasonable under the circumstances, to choose whether their PII is to be (a) disclosed to a third party, or (b) used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Goodyear will endeavor to provide individuals with mechanisms, reasonable under the circumstances, to exercise their choices.
If your PII is originating from or processed in the EEA, please refer to the section “Your Rights” in the EU Addendum for an overview of your rights in this context.
Access and Correction
Upon request and/or when required or otherwise appropriate, and within periods (if any) set by applicable law, Goodyear will endeavor to grant individuals reasonable access to the PII that Goodyear holds about them. Such access may be denied by Goodyear where the denial is permitted by applicable law and every request from an individual will be assessed on a case by case basis. In the event a request is denied, Goodyear will notify the individual regarding the reasons for denial in writing. Consistent with how your PII is maintained in the ordinary course of Goodyear's business, Goodyear will provide the information in an understandable form. We may impose a reasonable charge when a request is made (e.g., for photocopying or postage) to the extent permitted under applicable law. In addition, Goodyear will endeavor to take reasonable steps to permit individuals to correct, amend, or delete PII that is demonstrated to be inaccurate or incomplete. To guard against fraudulent requests for access, Goodyear may require sufficient information to allow it to confirm the identity of the individual making the request before granting access.
If your PII is originating from or processed in the EEA, please refer to the section “Your Rights” in the EU Addendum for an overview of your rights, including your right of access and correction.
Data Integrity
Subject to any stricter requirements under applicable law, Goodyear will endeavor to use PII only in ways that are compatible with the purposes for which the PII was collected or in ways that are subsequently authorized by the individual. Goodyear will endeavor to take reasonable steps to ensure that PII is relevant to its intended use, accurate, complete, and current.
Disclosure and Transfer to Third Parties
Goodyear is not in the business of selling PII to others, but may share your PII with subsidiaries or affiliates controlled by Goodyear, and with third party service providers that perform services on Goodyear’s behalf. Examples of these services include fulfilling orders, sending postal mail and e-mail, analyzing data, providing marketing assistance, processing credit card payments, providing customer service, requesting feedback on products and services, and sending you marketing and promotional materials, service updates and reminders.
For PII originating from or processed in the EEA, a list of the relevant categories of third-party recipients can be found in the EU Addendum (see section “Third-Party Recipients”).
Goodyear may buy or sell stores, subsidiaries or business units. In these types of transactions, PII is generally one of the business assets that is transferred. That PII remains subject to the obligations stated in any pre-existing Privacy Policy. In the event that Goodyear or substantially all of its assets are acquired, PII will be one of the transferred assets.
Cross-Border Transfers Originating From the EEA
If your PII is originating from or processed in the EEA, please refer to the paragraphs “Legal Basis for the Processing” and “Transfers Outside the EEA” in the EU Addendum.
Cross-Border Transfers Not Originating From the EEA
Because Goodyear does business in many countries, PII collected by Goodyear in one country may be processed in another country, the laws of which may provide different levels of protection from those in the country where the PII was first collected. PII gathered in one country may be subject to access by and disclosure to law enforcement agencies of jurisdictions other than the country where the PII was first collected. Goodyear also may share PII with organizations and entities that perform services on its behalf, and these organizations and entities may be located in countries other than the country in which the PII was first collected.
Goodyear will endeavor to obtain appropriate and reasonably enforceable assurances from third parties, including its subsidiaries and affiliates, to which it discloses or transfers PII that these third parties will safeguard PII in a manner consistent with this Policy. When Goodyear becomes aware that a third party is using or disclosing PII in a manner contrary to this Policy, Goodyear will endeavor to take reasonable steps to prevent or stop such use or disclosure. To the extent applicable law requires an individual’s consent before disclosing PII to third parties, Goodyear will endeavor to obtain the individual’s consent prior to such transfer. There may be circumstances where Goodyear is required to transfer PII without obtaining prior consent, including (i) where required by a court order; (ii) where Goodyear believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, or safety or property of a person or group of persons; (iii) where it is necessary to establish or collect monies owing to Goodyear or to complete a transaction with a third party; (iv) where it is necessary to permit Goodyear to pursue available remedies or limit any damages we may sustain; or (v) where the information is public. When Goodyear is obliged or permitted to disclose PII, Goodyear will endeavor not to disclose more than is required. Goodyear may also make disclosures permitted by its Online Privacy Policy.
Security
Goodyear takes reasonable and appropriate precautions to protect PII in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, and to respond to the misuse, loss or unauthorized use of such PII.
Governance
Goodyear will regularly review compliance with this and other Goodyear privacy policies. Except to the extent otherwise prohibited by applicable law, any Goodyear employee, associate or contractor that Goodyear determines is in violation of this Policy will be subject to appropriate disciplinary action up to and including termination of employment or engagement.
Dispute Resolution
Any questions or concerns regarding the use or disclosure of PII should be directed to Goodyear at the address given below. Goodyear will investigate and attempt to resolve complaints and disputes regarding use and disclosure of PII in accordance with the principles contained in this Policy.
Changes to this Policy
From time to time, Goodyear may revise this Global Privacy Policy, in which case the date indicated at the beginning of this Global Privacy Policy will be updated.
Contact Information
Questions or comments about this Policy should be submitted to the following person, by mail or e-mail:
Director Compliance & Ethics
Phone: +1 330-796-7288
E-mail: privacy_office@goodyear.com
These Terms of Use apply to your access to, and use of, all or part of any website, online service or mobile application of The Goodyear Tire & Rubber Company and/or its subsidiaries and affiliated companies (collectively, "Goodyear"), including goodyear.com, m.goodyear.com, goodyear.ca, fr.goodyear.ca, espanol.goodyear.com, kellytires.com, dunloptires.com, corporate.goodyear.com, goodyearaviation.com, goodyeartrucktires.com, goodyearotr.com, racegoodyear.com, and goodyearrvtires.com and any other website, online service, or mobile application where these Terms of Use are posted or are accessible via hyperlink (collectively, the "Sites").
General
Goodyear reserves the right to change or modify these Terms of Use, or any policy or guideline of the Sites, at any time and in its sole discretion. Any modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Sites will confirm your acceptance of such modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop accessing and using the Sites.
Privacy Policy
You confirm that you have read our Goodyear Privacy Policy and Online Privacy Policy (collectively, the "Privacy Policies"), the terms of which are incorporated herein, and agree that the terms of the Privacy Policies are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policies. Please visit the Privacy Policies by clicking on this link.
Conduct
In using the Sites, you are prohibited from any resale or commercial use of the Sites or any Content (as defined below); any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or any Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Goodyear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of Goodyear or our business affiliates without the express written consent of Goodyear. You may not use any meta tags or any other "hidden text" utilizing Goodyear's name or trademarks without the express written consent of Goodyear. You shall be solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Sites.
Unless otherwise specified, the Sites are for your personal and non-commercial use. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, print and copy portions of the material from the different areas of the Sites solely for your own non-commercial use. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Content without the prior written permission of Goodyear.
Intellectual Property Rights
Unless otherwise noted, the Sites and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Sites (collectively, the "Content") are 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 the Sites or any Content. Nothing on the Sites is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Sites without the prior written permission of Goodyear. Any rights not expressly granted herein are reserved by Goodyear and/or its third party providers.
Digital Millennium Copyright Act
To notify Goodyear of a copyright infringement, contact Goodyear's Copyright Agent pursuant to the Digital Millennium Copyright Act ("DMCA"). Goodyear's designated Copyright Agent to receive notification of claimed infringement is N. Valenziano, 200 Innovation Way, Akron, OH 44316-0001, copyright.agent@goodyear.com (email). Please provide Goodyear's Copyright Agent with the following information in writing (see 17 U.S.C. 512(C)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity that you request to be removed;
- Contact information including name, address, telephone number, and, if available, an e-mail address;
- 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
- A statement, under the penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright allegedly being infringed.
If, in response to necessary notice of an alleged copyright infringement, Goodyear removes your content and you believe that your content is not infringing, or you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in the Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement, submitted under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification; and
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in Akron, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Goodyear may send a copy of the counter-notice to the original complaining party informing that person it may replace the removed content or cease disabling it in ten (10) business days unless the copyright owner files an action seeking a court order against the content provider.
Links to Other Websites and Services
The Sites may provide links to third-party websites or resources, including links that contain financial or investment information about Goodyear. Goodyear provides third-party links for your convenience only, and is not responsible for the content of any third party websites linked to or from the Sites. Links from the Sites to any third-party website does not mean that Goodyear approves, endorses or recommends that site. Goodyear disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any such third-party website. If you decide to access such third-party websites, you acknowledge that you do so entirely at your own risk.
For the purposes of this section, third-party websites or resources include links to Goodyear independent dealers (the "Dealers"), and Goodyear is not responsible for any of the actions, services, or omissions of the Dealers, including, but not limited to scheduling, quality of services, dealer inventory, dealer price, and any other issues that may result from your transaction with the Dealers.
Comments, Feedback, and other Submissions
Goodyear welcomes your comments, feedback, and other submissions through the Sites. We do not, however, accept confidential or proprietary information. Accordingly, you represent and warrant that all comments, feedback, suggestions, creative materials, information, ideas, notes, drawings, concepts, inventions or other submissions disclosed, submitted, made available or offered to Goodyear using the Sites (collectively, "Data") are accurate, not confidential, and not in violation of any contractual restrictions, or other third party rights. Subject to the Privacy Policies, by making a submission, you grant to Goodyear a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to collect, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any and all Data without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Terms of Use. You agree that you will not provide us with any Data that could allow an individual person to be identified unless there is a field for the provision of such Data.
You may not submit offensive, profane, inappropriate, obscene, defamatory, threatening, unlawful or otherwise objectionable content, or information. Goodyear reserves the right to remove or edit user-generated content, from time to time, but Goodyear does not control or direct users' actions on the Sites and hence will not be responsible for user-generated content or information that may be available on the Sites.
Disclaimer
The Sites and all Content, information, services, and products of the Sites are provided on an "as is" basis without warranties of any kind, either express or implied, including, but without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance. Goodyear makes no warranties or representations about the accuracy or completeness of the Content and assumes no liability or responsibility for errors, mistakes or omissions in the Content or personal injury or property damage of any kind arising out of the use of or inability to use the Sites.
You acknowledge, by your use of the Sites, that your use of the Sites 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 the Sites, and that Goodyear will not be liable for any damages of any kind related to your use of the Sites. Goodyear makes no warranty that (i) the Sites will meet your requirements; (ii) access to the Sites will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Sites will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Sites or pursuant to your use of the Sites will meet your expectations; (v) any errors on the Sites will be corrected; or (vi) the Sites or services on which they are hosted are free of viruses or other harmful components.
Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to you.
Limitation of Liability
In no event will Goodyear be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, tort, 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 Sites or from any Content posted on the Sites by Goodyear or anyone else. Goodyear does not represent or endorse the accuracy or reliability of any user-generated content displayed, uploaded, posted on any message board, or otherwise distributed through the Sites and will not be liable for any damages resulting from user-generated content. However, nothing in this paragraph will be interpreted to affect the individual product warranties that are standard for Goodyear products.
Your sole remedy for dissatisfaction with the Sites or the Content is to stop using the Sites. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you. You agree that use of the Sites is at your sole risk and you shall be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Sites, or the downloading or use of any materials, data, text or images from the Sites.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold Goodyear, its affiliates, and their officers, directors, shareholders, agents, employees, successors harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to, a violation by you or your agents of these Terms of Use, your infringement of any third party right, including but not limited to any intellectual property or proprietary right, your use of the Sites or any other person accessing the Sites using your Internet account, or the use of the Sites by any other person accessing the Sites on your behalf or acting as your agent.
Forward-Looking Statements
The Sites, and any documents issued by Goodyear and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. The words "aims," "anticipates," "believes," "expects," "intends," "plans," "predicts," "projects," or "targets," as well as other words or expressions of similar meaning, are intended to identify forward-looking statements. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. These forward-looking statements are based on the opinions and estimates of management at the time the statements are made and neither represents predictions nor guarantees of future events or circumstances. There are a variety of factors, many of which are beyond Goodyear's control, that affect its operations, performance, business strategy and results and could cause its actual results and experience to differ materially from the assumptions, expectations and objectives expressed in any forward-looking statements. These factors are discussed in Goodyear's filings with the U.S. Securities and Exchange Commission, including Goodyear's Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K. While Goodyear may elect to update forward-looking statements at some point in the future, Goodyear specifically disclaims any obligation to do so, even if its estimates change.
Applicable Laws
Your use of the Sites will be governed in all respects by the laws of the State of Ohio, USA, without regard to choice of law provisions. You consent and submit to the sole and exclusive jurisdiction by and venue in the courts located in the State of Ohio, one of the United States of America, in any legal proceeding directly or indirectly arising out of or relating to the Sites. By using the Sites, you consent to service of process in accordance with the rules of such courts, irrevocably submit to the jurisdiction of such courts, and waive any objection that you may have to either the jurisdiction or venue of such courts. Furthermore, you hereby irrevocably waive the right to trial by jury. Goodyear's failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. Goodyear may assign its rights and duties under this Terms of Use 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 Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the above, you agree that Goodyear will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Goodyear makes no representation that materials in the Sites are appropriate or available for use in countries outside the USA or Canada and prohibits access from territories where the Content is illegal. Those who choose to access the Sites from locations outside the USA or Canada do so at 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 will be governed by the substantive laws of the State of Ohio.
In any action against Goodyear arising from the use of the Sites, the prevailing party will 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.
Ability to Agree to Terms of Use
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms of Use.
Your Account
If you use any Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Goodyear does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Goodyear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Miscellaneous
The terms and conditions found in this Terms of Use and in the Privacy Policies set forth the entire understanding and agreement between you and Goodyear with respect to the Sites unless certain services offered through the Sites require your agreement to additional terms and conditions. You acknowledge that any other agreements between you and Goodyear with respect to the Sites are superseded and of no force or effect. If any provision of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.