Table of Contents
- Intended Audience and Use
- Use of Site Content
- Links To Third-Party Websites
- Disclaimers of Warranties
- Limitation of Liability
- Consumer Reviews and and Consumer-Provided Content
- Unauthorized Activities
- Proprietary Rights
- Intellectual Property Infringement
- Submitting a DMCA Counter-Notification
- Termination of Repeat Infringers
- Our Commitment to Privacy
- Governing Law
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
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
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.
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.
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.
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.
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:
- Your physical or electronic signature;
- 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;
- 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
- 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