Welcome to the Goodyear MarketingZone website (the "Site"). This Site is owned and administered by the Goodyear Tire & Rubber Company ("Goodyear") and hosted by BrandMuscle, Inc. (“BrandMuscle”). Your use of the Site is also subject to the BrandMuscle End User License Agreement.
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.
The Site is to be used by employees or contractors of (i) approved Goodyear dealers to promote the sale of Goodyear products and advertising programs of Goodyear; (ii) advertising agencies or other service providers who have contracted with Goodyear or with approved Goodyear dealers to provide advertising-related services; and (iii) Goodyear in the course of administration of the Site. This site may not be used for any other purpose or by any entity not set forth above. 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.
Copyrights and Trademarks
BRANDMUSCLE and the BRANDMUSCLE Logo are the service marks of BrandMuscle, Inc. All other trademarks, service marks, trade dress, logos and other identifiers of source (“Trademarks”) are the property of The Goodyear Tire & Rubber Company or its affiliates or licensors. 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.
Except for User-Supplied Content (defined below), and except as otherwise noted, all materials, including Trademarks, images, illustrations, designs, buttons, icons, photographs, digital downloads and written and other materials that appear as part of the Site (collectively, the "Content") are copyrights 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-Supplied Content, Copyrights and Trademarks
Certain functions of the Site may permit you to upload, store, manage and use materials you supply, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written materials (“User-Supplied Content”). You affirm, warrant and represent that you own or have the necessary licenses, rights, consents and permissions to use all User-Supplied Content. You further affirm, warrant and represent that no User-Supplied Content infringes on any copyright, trademark or other proprietary rights. You acknowledge that Goodyear neither owns nor is responsible for the User-Supplied Content on this Site. For the avoidance of doubt, you retain your rights in the User-Supplied Content; however, by posting User-Supplied Content on this Site, you automatically grant and represent and warrant that you have the right to grant, to Goodyear and BrandMuscle, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, display, reformate and distribute such User-Supplied Content. The above licenses granted by you to the User-Supplied Content shall terminate within a reasonable time period after User-Supplied Content is removed from this Site. You acknowledge that your employer is solely responsible for all User-Supplied Content on this Site. You acknowledge that you have not and will not include photos or images of any minors in any User-Supplied Content for use on this Site. You agree that any User-Supplied Content deemed by Goodyear, at Goodyear’s sole discretion, to be inappropriate may be removed by Goodyear from the Site with no liability to Goodyear. Goodyear reserves the right to remove User-Supplied Content without prior notice.
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.
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.
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.
(Revised February 24, 2014)
BrandMuscle END USER LICENSE
IMPORTANT: READ THIS CAREFULLY. This End User License ("End User License") is a legal agreement between you and BrandMuscle, Inc. ("BrandMuscle") granting you certain rights to access and use certain modules ("Modules") of BrandMuscle's software products (the "Software"), together with any user manuals and on-line help function therefore, as BrandMuscle may update them from time to time ("Documentation"). By clicking on the "Accept" button or otherwise accessing or using the Software or any Module, you agree to be bound by the terms of this End User License. If you do not agree to the terms of this End User License, click on the "Cancel" button and do not access or otherwise use the Software or any Module.
1. Authorized User. This End User License is granted by BrandMuscle under and subject to a Master Agreement (the "Agreement") between BrandMuscle and The Goodyear Tire & Rubber Company, which is licensing access and use of the Software and instructing you to access or use the Software ("Licensee"). You are eligible for the rights granted by this End User License only if you are an Authorized Participant under the terms of the Agreement, and who (a) has a need to access a Module of the Software, and (b) has agreed to the terms of this End User License, as modified by BrandMuscle from time to time.
2. License Grant. Subject to the terms of this End User License, the Agreement, and any reasonable policies and procedures agreed upon in writing between Licensee and BrandMuscle, you may (A) access and use Modules of the Software as set forth in the Agreement, and (B) use the Documentation. This grant is non-transferable and non-exclusive.
3. License Restrictions. You may not do any of the following yourself, or through any other person:
A) Copy, modify or create derivative works based upon the Modules, the Software or Documentation;
B) Decompile, disassemble, or reverse engineer the Modules or the Software in whole or in part;
C) Defeat, disable or circumvent any protection mechanism related to the Modules, the Software or Documentation, including without limitation any code which necessitates or solicits agreement to the End User License before use of any Modules;
D) Sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party any portion of the Modules, the Software or the Documentation to any third party other than an Authorized User under the Agreement, or, in particular, without limiting the generality of the foregoing, allow any party to use the Modules or the Software in order to provide services outside the scope of the Agreement; or
E) Export any Module or the Software in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations.
4. Title and Ownership. Except for the rights expressly granted above, this End User License transfers to you no right, title, or interest in any Module, the Software, the Documentation, or any copyright, patent, trademark, trade secret or other intellectual property or proprietary right in the Module, the Software or the Documentation. BrandMuscle retains sole and exclusive title to all portions of all Modules, the Software and Documentation and any copies thereof. You agree not to disclose any Module or the Software or the Documentation to anyone other than Authorized Users as defined in the Agreement. The Modules, the Software and the Documentation contain valuable proprietary information the unauthorized use or disclosure of which would irreparably harm BrandMuscle. Upon learning of any unauthorized possession or use of or access to any Module or the Software, you will notify BrandMuscle immediately, will promptly furnish details of such occurrence, will assist in preventing any recurrence thereof, and will cooperate fully in any litigation or other proceedings undertaken to protect the rights of BrandMuscle.
5. Warranty. BRANDMUSCLE PROVIDES VARIOUS LIMITED WARRANTIES TO LICENSEE IN THE AGREEMENT. BRANDMUSCLE MAKES NO WARRANTY OF ANY KIND TO YOU, THE END USER. BRANDMUSCLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRANDMUSCLE SHALL NOT BE LIABLE TO YOU, THE END USER, FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOSS OF USE, COST OF COVER, OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BRANDMUSCLE MAKES EVERY EFFORT TO ENSURE QUALITY AND RELIABILITY. HOWEVER, BRANDMUSCLE DOES NOT MAKE ANY REPRESENTATION THAT DOWNLOADING ANY FILES FROM THIS SITE WILL NOT CAUSE INTERRUPTIONS TO THE USER'S SYSTEM NOR THAT SUCH DOWNLOADED FILES WILL BE ERROR-FREE. EACH USER AGREES TO PERFORM USER'S OWN VERIFICATION OF THE FILES (E.G. SCAN FILES FOR VIRUSES) AND EACH USER AGREES TO DOWNLOAD SUCH FILES AT USER'S OWN RISK. BRANDMUSCLE SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, OR FAILURES OF PERFORMANCE, COMPUTER VIRUS OR COMMUNICATION LINE FAILURES, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. USER AGREES TO USE THE MATERIALS FOR LEGITIMATE PURPOSES AS DIRECTED BY LICENSEE, ITS USERS, OR ADVERTISING AGENCIES.
6. Confidentiality. The terms and conditions of this End User License, the Agreement, and any other information designated by either BrandMuscle or Licensee as "confidential" are confidential and shall not be disclosed by you, orally or in writing, to any third party without the prior written consent of BrandMuscle and Licensee. All Modules, the Software and Documentation are confidential, and you shall protect them and BrandMuscle's other confidential information with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which you utilize for your own confidential information.
7. Termination. This End User License shall terminate as set forth in the Agreement which authorizes your use of the Software, unless earlier terminated by BrandMuscle A) upon notice to you, or B) without notice, upon a breach by you of any provision of this End User License.
8. Miscellaneous Terms. This End User License shall be governed by the laws of the State of Ohio, without regard to its choice of law principles. Except as provided in the Agreement, venue of any dispute related to this End User License or any Module or the Software shall rest exclusively in the state or federal courts located in Cleveland, Ohio. All disputes shall be resolved in accordance with the provisions of the Agreement. If any provision of this End User License is held to be unenforceable, this End User License shall be construed without such provision. The failure of BrandMuscle to exercise any of its rights shall not operate as a waiver of its right to exercise such right or any other right in the future.