Access and use of this Site are subject to the
following Terms of Use ("The Terms"). Read the terms carefully before
using or accessing the Site. IF YOU DO NOT AGREE WITH THE TERMS, YOU
SHOULD NOT PROCEED ANY FURTHER ON THE SITE. BY CONTINUING TO ACCESS
AND BROWSE THE SITE AND/OR USE ANY OF THE SERVICES PROVIDED ON THE
SITE, YOU AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY
THE TERMS AND ANY APPLICABLE LAWS.
- PERMITTED USE
Bandag, Incorporated ("Bandag") owns and operates
this Site. The Site is not accessible to the public but instead is
accessible only to authorized users with proper passwords. You agree
not to disclose to any unauthorized person any password(s) provided
to you and promptly inform Bandag of any unauthorized access to the
Site that comes to your attention.
Bandag authorizes you to access and use the Site,
including any text, images, audio, video or software, for your
personal, educational and internal business information only. You
may download material and content displayed on the Site for
non-commercial, personal use only, provided you also retain all
copyright and other proprietary notices contained on the
materials.
You may not, however, distribute, modify,
republish, transmit, reuse, report, post, upload or use the contents
of the Site for public or commercial purposes, including the text,
images, audio, video or software, without prior written permission
from Bandag.
As a condition to your use of the site, you will
not use the site for any purpose that is unlawful or prohibited by
these terms. You may not use the Site in any manner that could
damage, disable, overburden, or impair any server, or interfere with
any other party's use and enjoyment of the Site.
- CONTENT PUBLISHED ON THE SITE
The material and content at the Site, including any
and all Intellectual Property therein, are owned by Bandag or its
affiliate, Bandag Licensing Corporation ("BLC"). All material,
content and functionality on the Site, including but not limited to
text, graphics, logos, icons and images and the selection and
arrangement thereof is the exclusive property of Bandag and/or BLC
and is protected by United States and international copyright laws.
All rights not expressly granted are reserved. The trademarks,
service marks, designs, and logos (collectively "Trademarks")
displayed on the Site are the registered and unregistered Trademarks
of Bandag and/or BLC.
You shall not remove any proprietary legends
including any copyright or trademark notices associated with or
attached to content or material downloaded from the Site. Images and
graphics displayed on the Site are either the property of, or used
with permission by, Bandag. The use of these images by you, or
anyone else authorized by you, is prohibited unless specifically
permitted by the Terms or specific permission provided elsewhere on
the Site. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
- CONTENT POSTED OR SENT BY YOU TO THE SITE
Any communication or material you transmit to the
Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post
may be used by Bandag or its affiliates for any purpose, including
but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Bandag is free to
use any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products using such information.
You covenant that you shall not post or otherwise
publish on the Site any materials that (a) are threatening,
libelous, defamatory, or obscene; (b) would constitute, or that
encourage conduct that would constitute, a criminal offense, give
rise to civil liability, or otherwise violate law; (c) infringe the
intellectual property, privacy, or other rights of any third
parties; (d) contain a computer virus or other destructive element;
(e) contain advertising; or (f) constitute or contain false or
misleading statements. Bandag does not and cannot review all
information posted to the Site by users and is not responsible for
such information. However, Bandag reserves the right to refuse to
post and the right to remove any information, in whole or in part,
for any reason or for no reason.
- REVISIONS AND SCOPE
Bandag may at any time revise the Terms by updating
this posting. You are bound by any such revisions and should
therefore periodically visit this page to read the current Terms to
which you are bound.
You are under no obligation to accept any revisions
to the Terms. If you do not wish to accept any revisions, you should
immediately cease your use of the Site.
IF YOU CONTINUE TO USE THE SITE AFTER YOU HAVE BEEN
MADE AWARE OF ANY SUCH REVISIONS, YOU WILL BE DEEMED TO HAVE
ACCEPTED THOSE REVISIONS.
There may be additional notices on the Site, which
will operate in addition to the Terms. If you do not wish to accept
them, you should not access or use any areas of the Site to which
these notices pertain.
- DISCLAIMER OF WARRANTY
ALL CONTENT AND FUNCTIONALITY ON THE SITE IS
PROVIDED "AS IS" AND BANDAG GIVES NO WARRANTIES IN RESPECT THEREOF.
SPECIFICALLY, BUT WITHOUT LIMITATION, BANDAG DOES NOT WARRANT
THAT:
(a) YOU WILL BE ABLE TO USE THE SITE OR THAT IT
WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM
AT THE CURRENT DOMAIN NAME OR ANY OTHER DOMAIN NAME;
(b) THE SITE OR ANY SOFTWARE OR MATERIAL OF
WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE
FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR
ANY PURPOSE. IT IS YOUR RESPONSIBILITY TO USE SUITABLE ANTI-VIRUS
SOFTWARE ON ANY SOFTWARE OR OTHER MATERIAL THAT YOU MAY DOWNLOAD
FROM THE SITE AND TO ENSURE THE COMPATIBILITY OF SUCH SOFTWARE OR
MATERIAL WITH YOUR EQUIPMENT; OR
(c) ANY INFORMATION PUBLISHED ON THE SITE IS
ACCURATE OR COMPLETE OR APPROPRIATE FOR YOUR SPECIFIC PURPOSES OR
CIRCUMSTANCES.
BANDAG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE
COURSE OF DEALING, USAGE, OR TRADE.
- LIMITATION OF LIABILITY
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK.
NEITHER BANDAG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO, OR USE OF, THE SITE.
BANDAG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY ERRORS, INACCURATE INFORMATION OR OMISSIONS IN THE MATERIAL OR
CONTENT ON THE SITE.
BANDAG ALSO ASSUMES NO RESPONSIBILITY, AND SHALL
NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY THAT RESULT IN ANY WAY FROM
YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING
OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM
THE SITE.
BANDAG HAS NOT REVIEWED ALL OF THE SITES
HYPERLINKED TO THE SITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY OFF-SITE PAGES OR ANY OTHER SITES HYPERLINKED TO THE SITE. YOUR
USE OF AND/OR RELIANCE ON OFF-SITE PAGES OR OTHER SITES TO WHICH YOU
HAVE GAINED ACCESS BY MEANS OF HYPERLINKS PUBLISHED ON THE SITE IS
AT YOUR OWN RISK.
- TERMINATION
Bandag reserves the right to immediately terminate
your access to the Site in the event of any conduct that Bandag, in
its sole discretion, considers to be unacceptable or in breach of
the Terms. The provisions of Sections 2, 3, 5, 6, and 8 shall
survive termination of the Terms.
- GOVERNING LAW, JURISDICTION AND SEVERABILITY
These Terms will be governed by and construed in
accordance with the laws of Iowa without regard to principles of
conflicts of law. Any legal action or proceeding arising under the
Terms will be brought exclusively in Muscatine County, Iowa, and the
parties hereby consent to personal jurisdiction and venue
therein.
If a court of competent jurisdiction finds any
provision of the Terms invalid or unenforceable, such provision will
be enforced to the maximum extent permissible and the other
provisions of the Terms will remain in full force and effect.
©2002 BANDAG,
INCORPORATED
ALL RIGHTS RESERVED
