Revised September 10, 2015
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, email@example.com (e-mail). 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
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.
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 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.
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.
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.
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.
CONDITIONS OF SALE ON WWW.GOODYEAR.COM
THESE TERMS OF SALE (THE "TERMS AND CONDITIONS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THE GOODYEAR TIRE & RUBBER COMPANY ("Goodyear") ON THE WWW.GOODYEAR.COM WEBSITE (THE "Website"). PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THEY ALSO CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
BY CLICKING ON THE "I AGREE BUTTON" OR BY PLACING AN ORDER, YOU ("YOU" AND/OR "CUSTOMER" HEREIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS AND CONDITIONS OF SALE EACH TIME YOU MAKE A PURCHASE.
- Products and Services. Goodyear is authorized to sell the products and/or services offered for sale on the Website. Goodyear may discontinue any product and/or service at any time without notice. The prices advertised on the Website for the products and services do not include shipping and handling or sales taxes, or additional charges or fees including but not limited to disposal fees or state tire fees, which in each case if applicable, will be added to your total invoice price.
- Orders. Orders are not binding upon Goodyear until the installation of products and/or provision of services is complete. Acceptance of Customer's orders shall be communicated to Customer on the Website, and via electronic mail at the address provided by the Customer. Goodyear reserves the right, without prior notification, to cancel the Order, limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order, or prior to the installation of any products or provision of any services.
- Payment. Goodyear accepts valid Goodyear, Visa, MasterCard, American Express and Discover credit cards. Customer's credit card will be charged in full when Customer's order is processed.
- Cancellations. Once an order is placed, orders may only be cancelled pursuant to the cancellation process as described on the Website and/or via electronic mail to Customer.
- Delivery. Goodyear or one of its authorized resellers, as appropriate, will endeavor to ship Customer's orders to the selected installation location in accordance with Customer's instructions or selection of available shipping options when Customer's order is processed on the Website. While Goodyear or the authorized reseller will make every reasonable effort to ship Customer's orders within the selected timeframe and to the indicated location, neither Goodyear nor the authorized reseller is responsible or liable for any delay in receiving or completing Customer's order that is caused by an event beyond the Goodyear's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, pandemic, epidemic, act of God, acts or orders of government entities, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption, or delay of the server or Website caused by an event outside the direct control of the Goodyear, including without limitation, power outages or attacks on the Website such as by persons known as "hackers." Customers may not pick up orders delivered to an installation location – items must be mounted on the vehicle by the installer, or they will be returned.
- Title to Products. Goodyear or its authorized reseller retains all right, title, and interest in and to the ordered products until the products and/or services have been installed.
- Shipping Charges. Goodyear does not charge for shipping. Goodyear reserves the right to change this policy at any time without prior written notice.
- Installation. Installation prices as listed on the Website cover most vehicles with standard equipment. Customized vehicles may result in additional installation or other service fees at the point of installation. Additional fees may be required at the point of installation of products to accommodate for customized vehicles or to accommodate for pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of sale. You have selected products by either indicating your vehicle make, model, and trim or by indicating no make and model at all. Goodyear cannot be held responsible for tires that are improperly sized or rated for your individual vehicle. In the case of incorrect product selection, the installer may refuse to install products for your safety. Re-stocking fees may be applied for product returns in accordance with the Website. In accordance with applicable law, all vehicles manufactured after September 2007 have Tire Pressure Monitoring Systems (“TPMS”). Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires. Goodyear has attempted to include this cost into Customer’s Order, however where for any reason this cost has not been included there may be an additional charge at the installer to service TPMS sensors in accordance with applicable law. Certain states have graduated tire disposal fees. Goodyear has attempted to include these fees into Customer’s Order, however where for any reason those fees have not been included, it may be necessary for the installer to charge additional state mandated disposal fees at time of installation. In the event that the products purchased through this Website include vehicle suspension lowering products, additional suspension items may be necessary to properly align the vehicle after it has been lowered and may result in additional fees at time of installation. Wheel sizing for products purchased on this Website is based on information provided by the Customer and is based on original equipment manufacturer factory specifications. If your vehicle is highly customized and/or has raised or lowered suspension, Goodyear cannot guarantee fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment. Despite Goodyear’s thorough and conscientious control of all data utilized and gathered to perform the services and provide the products through this Website, Goodyear cannot guarantee the completeness and accuracy of the provided information. CUSTOMER EXPRESSLY AGREES THAT THE INSTALLER IS RESPONSIBLE FOR ALL ACTS AND/OR OMISSIONS RELATED TO THE INSTALLATION OF THE PRODUCTS AND/OR THE PROVISION OF ANY SERVICES. CUSTOMER AGREES THAT GOODYEAR HAS NO RESPONSIBILITY AT LAW OR EQUITY FOR ACTS AND/OR OMISSIONS RELATED TO THE INSTALLATION OF THE PRODUCTS AND/OR THE PROVISION OF ANY SERVICES
- Mobile Installation. For orders requesting mobile installation, Goodyear will endeavor to deliver and install products on Customer’s vehicle at the specified customer installment location in accordance with Customer's order, provided that specified locations must be suitable for Goodyear to access the vehicle, install the products and provide any other services ordered. Goodyear will determine the suitability of a location in its sole discretion. In all cases, specified locations should be on relatively flat ground, in a safe working environment and in an accessible and open space with at least five feet of clearance on each side of the vehicle. Customer is responsible for securing any required permissions for the installer to access and perform work on the vehicle, including, but not limited to, in parking garages and gated lots or communities. Customer shall follow all additional mobile installation requirements described on the Website, via electronic mail to Customer, and/or otherwise communicated to Customer. In the event Goodyear determines the Customer’s specified location for installation is not suitable for any reason, Goodyear will propose an alternative location or may reschedule or cancel the order, in each case at its sole discretion. We are not responsible or liable for any fine, cost, or other liability, or any delay or inability in completing Customer's mobile installation order that is attributable to any law, ordinance, restriction or requirement that frustrates or prohibits Goodyear’s ability to provide mobile installation.
- Warranties. Goodyear’s standard limited warranties govern all purchases of products and/or services. Those warranties can be found at www.goodyear.com.
- Return/Refund Policy. Goodyear cannot accept any returns or refunds for any purchase of products and/or services. Customer may cancel an Order at any time prior to installation, pursuant to the procedure outlined on the Website and/or in electronic mail to the Customer. Goodyear does not accept returns for products that have been installed, used, mounted, or driven on.
- Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, GOODYEAR SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THE WEBSITE, THESE TERMS OF SALE, THE CATALOG, PRODUCT(S), SERVICES (INCLUDING BUT NOT LIMITED TO INSTALLATION AND MOBILE INSTALLATION), OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GOODYEAR EXCEED THE AMOUNT CUSTOMER HAS PAID TO GOODYEAR FOR THE APPLICABLE ORDER, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE PRICES OF PRODUCTS AND SERVICES ADVERTISED ON THE WEBSITE ARE SUBJECT TO CHANGE, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
- Severability. If any provision of these Terms of Sale are held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
- Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of Ohio, without regard to Ohio’s choice of law provisions, applicable to contracts made and to be enforced wholly within such state.
- BINDING ARBITRATION. ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY GOODYEAR PRODUCT OR SERVICE OR THESE TERMS OF SALE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF SALE. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms of Sale, these Terms of Sale shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or [1-800-778-7879|tel:1-800-778-7879]. Any participatory arbitration hearing that you attend shall take place in Summit County, Ohio. Ohio state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST GOODYEAR IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Waivers and Amendments. The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale, or any other provision of these Terms of Sale, on any other occasion or upon any other circumstances. Except as otherwise, expressly provided herein, these Terms of Sale may be waived or amended only in a writing signed the Parties.
Goodyear Credit Card
Goodyear Credit Card transactions: the terms of the offer and applicable law governs this transaction including increasing APRs and fees.
Motor vehicle repair trade practices are regulated by Alaska statutes 45.45.130 - 45.45.240, administered by the consumer protection section, Alaska department of law.
Section 25-17-202, Colorado revised statutes, requires retailers to collect a $1.50 waste tire recycling development fee on the sale of each new motor vehicle tire.
If applicable, the charge on the invoice for Mississippi Waste Tire Fee is a Reimbursement of the Mississippi Waste Tire Fee.
If applicable, the charge on the invoice for New York Tire Fee is imposed at the sole discretion of the seller.
All parts are new (after-market replacements) unless otherwise specified.