Thank you for visiting the Michelin 2-Wheel Amateur Racing Program Website (the “Site”). Please read carefully these Terms of Use before using this Site. By using this Site, you agree to these Terms of Use. If you do not accept these Terms of Use, please do not use the Site. We may revise these Terms of Use at any time and without notice to you.

Table of Contents

Intended Audience and Use

Michelin North America, Inc. (“Michelin”) provides this Site for the lawful use of its customers, employees, and members of the general public who are over the age of 13 and are citizens of the United States. Michelin makes no representation that the materials and products contained or displayed on this Site are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Use Of Site Content

This Site contains Michelin’s trademarks and copyrighted materials, including tradenames, logos, photographs, documents and software, as well as content submitted by other users of the Site. You are only authorized to use this material for personal, non-commercial purposes, including downloading and printing of materials, so long as this copyright permission notice is included in all such printed copies. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify the material in any way without the prior written permission of Michelin. We enforce our intellectual property rights to the fullest extent of the law. If you intend to use any of the materials on this Site for other than private, non-commercial purposes, you must first obtain written permission from Michelin. Please consult our Copyright and Trademark statement for more information.

Links To Third-Party Websites

This Site may provide links to third-party websites or resources. These links are provided solely as a convenience for you. Michelin has no control over these third-party websites and resources and makes no endorsement or representation about these websites, or the accuracy of the information and materials, advertising, products, services, or the results that you may obtain by using them. If you decide to access such third-party websites, you acknowledge that you do so entirely at your own risk.

Disclaimers of Warranties

We endeavor to provide accurate and up-to-date information on this Site. However, the entire Site is provided to you on an “AS IS” basis, and any use of this Site is entirely at your own risk. We make no representations or warranties, express or implied, with respect to this Site or its operation. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The information provided on this Site is of a general nature. Tire usage recommendations may be affected by factors such as geographic locale, vehicle age and condition, and personal driving habits. Please consult your authorized tire dealer or representative before making any purchasing decisions. This paragraph applies ONLY to your use of the Site and to the content that Michelin makes available to you from the Site.  The Terms of Use do not provide any warranties on any products or services purchased from the Site.  Any warranties provided on products or services purchased from the Site will be provided in and subject to the terms of sale for those purchases.

Limitation of Liability

In no event, including but not limited to its own negligence, shall Michelin be liable for anyconsequential, INDIRECT, SPECIAL, EXEMPLARY OR INCIDENTAL damages arising out of the use of or inability to use this Site. MICHELIN’S AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THIS SITE IS LIMITED TO THE SUM OF $100.00.

Consumer Reviews and Consumer-Provided Content

Some of our web pages may provide access to a message board under the title “User Tire Ratings & Reviews” that permits consumers to share their views and experiences concerning our products. Michelin does not sponsor, support, or endorse comments that are posted on this message board. You are solely responsible for the information, data, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”), and you must abide by these Terms of Use, and the Terms of Use and any other policies of Bazaarvoice, the third party that collects the Submissions.

If you submit a comment you must abide by the following guidelines:

  • Your comment must not contain any statement that you know to be false, inaccurate, or misleading.
  • Your comments must not violate any law.
  • Your comments must not be defamatory, libelous, obscene, hateful, threatening, harassing, sexist, or racially, ethnically or religiously biased or offensive.
  • You must not be compensated or granted any consideration by Michelin, any affiliate of Michelin, or any third party, for submitting a comment.
  • Your comment must not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights (legal or moral) of any third party.

Although Michelin does not have an obligation to police, monitor, or evaluate submitted comments, it reserves the right to remove any comment from its website that violates these guidelines.

Unless otherwise explicitly stated herein or in our Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. By posting a comment or providing a Submission, you grant Michelin an irrevocable, perpetual, transferable, non-exclusive, royalty-free fully-paid worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, publish, process, adapt, publicly perform, publicly display, modify, prepare derivative works, transmit and distribute, in whole or in part, your Submission in any manner and in any form, medium or distribution method, now known or hereafter existing, known or developed, and authorize others to use the Submissions and for any purpose that Michelin deems appropriate. Michelin may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Michelin agrees to use any personally identifiable information contained in any of your Submissions in accordance with our Privacy Policy.

Unauthorized Activities

In addition to abiding by the guidelines above regarding any comments or Submissions you provide, when using this Site, you agree not to:

  • Discuss or incite illegal activity.
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions in these Terms of Use provides examples and is not complete or exclusive. Michelin reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Michelin determines is inappropriate or disruptive to this Site or to any other user of this Site. Michelin may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Michelin’s discretion, Michelin will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any materials or third-party content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold Michelin and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Michelin or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your submissions) violates any applicable law or regulation, or the trademark, copyright, patent, trade secret or other intellectual property rights, proprietary rights, rights of publicity or privacy, or other similar rights of any third party.

Proprietary Rights

Any word/phrase marked with a ® or ™ is a trademark of Michelin in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms of Use, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Michelin. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement

Michelin respects the intellectual property rights of others, and we ask you to do the same. Michelin may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Michelin’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Michelin to locate the material.
  • Information reasonably sufficient to permit Michelin to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 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 and/or trademark owner, its agent, or the law.
  • 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.

Any claims of copyright or trademark infringement on this Site should be directed to: http://www.michelinman.com/US/en/help/contact.html

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Michelin that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Michelin may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Michelin reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Our Commitment to Privacy

Michelin is committed to protecting the privacy of your personally identifiable information. Please consult our Privacy Policy for more information.

Governing Law

The use of this Site and these Terms of Use shall be governed by and construed in accordance with the laws and of the State of South Carolina without giving effect to any principles of conflict of laws.

Effectiveness

These Terms of Use are effective when posted.