Last Updated: 05/03/2022
Scope of Use.
Michelin North America, Inc.
(“MNAI”) and Michelin North America (Canada), Inc. (“MNA(C)I) (collectively “Michelin”, “we”,
“us” or “our”) provide our mobile applications (“App”) and websites (“Site”, and collectively
with the App, the “Electronic Platforms”), through our brands, including without limitation,
Michelin, BFGoodrich, Uniroyal, Maestro and Camso, to you, the user of the Electronic Platforms
(“you” or “your”), for your informational, noncommercial use, and subject to the following Terms
of Use (these “Terms”). Using the Electronic Platforms to evaluate whether to enter a business
relationship with us will not constitute a commercial use for the purposes hereof. It is a
violation of these Terms for you to use the Electronic Platforms in violation of any applicable
laws and regulations or in violation of the rules of any of our service providers. Certain other
programs or services provided by us through linked websites or other channels may have
additional terms and conditions regarding your use of those services, and nothing in these Terms
is intended to modify such terms and conditions. Subject to your compliance with these Terms and
all applicable international, federal, state and local laws, rules, and regulations, we grant
you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to use the
Electronic Platforms solely for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other use. You may only access
and use the Electronic Platforms on devices that you own or control, and you may not use the
Electronic Platforms on devices where you do not have all necessary permissions and rights to
use the Electronic Platforms. You acknowledge that these Terms are concluded between you and us
only, and not Apple Inc. or Google LLC (collectively, the “App Providers”). YOU MAY NOT USE THE
ELECTRONIC PLATFORMS IF YOU DO NOT AGREE TO THESE TERMS.
Modifications.
We reserve the right to modify the
Electronic Platforms and the rules and regulations governing its use at any time, including,
without limitation, these Terms. Modifications will be posted on the Electronic Platforms and
the “Last Updated” date at the top of the Terms will be revised. You understand and agree that
if you use the Electronic Platforms after the date on which the Terms have changed, we will
treat your use as acceptance of the updated Terms. We may make changes to the services described
in the Electronic Platforms at any time without prior notice to you.
Restrictions on Use.
You will not use the Electronic
Platforms for any use other than the business purpose for which it was intended. You will not
take any of the following actions with respect to the Electronic Platforms or the server hosting
the Electronic Platforms nor will you use our Electronic Platforms to upload, post, email,
distribute, transmit, link, solicit or otherwise make available any content or use the
Electronic Platforms in any manner that: (i) uploads or transmits any unsolicited advertising,
promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other
form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering,
disassembles, derives the source code of or decrypts the Electronic Platforms or server hosting
the Electronic Platforms; (iii) manipulates or otherwise displays the Electronic Platforms by
using framing, mirroring or similar navigational technology or directly links to any portion of
the Electronic Platforms; (iv) uses any robot, spider, scraper or other automatic or manual
means to access the Electronic Platforms or copies any content or information on the Electronic
Platforms; (v) removes, obscures, or alters any proprietary notices (including any notice of
copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi)
modifies, adapts, improves, enhances or makes any derivative work from the Electronic Platforms;
(vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Electronic
Platforms or any hardware, software, system or network connected with the Electronic Platforms;
(viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the
Electronic Platforms or any related networks or systems; (ix) interferes with any other party’s
use and enjoyment of the Electronic Platforms; (x) infringes the copyright, trademark or any
proprietary rights or discloses a trade secret or confidential information in violation of a
confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies
any user information or any portion thereof, or transmits, provides or otherwise distributes
(whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious
or unlawful, unauthorized or contains defamatory or illegal information, images, materials or
descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages
any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv)
disseminates viruses or other computer code, files or programs that interrupt, destroy or limit
the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized
access to any other accounts, computer systems or networks connected to any server or systems
through hacking, password mining or any other means; or (xvii) accesses systems, data or
information that we do not intend to be made accessible to you. Use of the Electronic Platforms
is not directed to people under the age of fifteen (15).
Privacy Notice.
You may view a copy of our privacy
notice
https://www.michelinb2b.com/wps/b2bcontent/HTML/PrivacyPolicy-en_US.html (“Privacy
Notice”), which explains our practices relating to the collection and use of your information
through or in connection with our Electronic Platforms. The Privacy Notice is incorporated into
these Terms and governs our use of your information and/or any information you submit or
otherwise make available to us in connection with the Electronic Platforms.
Registration, Access & Security.
If you use any of our services or
provide us any information through the Electronic Platforms, such as your name, social security
number, previous work experience, education background, birth date, age, bank account
information, credit card information, federal employment identification number, citizenship
status, address, zip code, phone number, contact details, email address, and/or your password
(collectively, your “Account Data”) for any accounts associated with you (your “Account(s)”),
you agree to provide true, accurate, current, complete and up-to-date information. If you
provide any information that is untrue, inaccurate, non-current or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate, non-current or
incomplete, then we have the right to terminate or refuse any and all current or future access
or use of the Electronic Platforms (or any portion thereof). We reserve the right to take any
action that we deem necessary to ensure the security of the Electronic Platforms and your
Account, including without limitation changing your password, terminating your Account, or
requesting additional information to authorize transactions on your Account. You are solely
responsible for keeping your Account Data and any security questions and responses associated
with your Account confidential. Anyone with knowledge of or access to your Account Data or the
security questions and responses associated with your Account can use that information to gain
access to your Account. You are solely liable for any claims, damages, losses, costs or other
liabilities resulting from or caused by any failure to keep your Account, Account Data and the
security questions and responses confidential, whether such failure occurs with or without your
knowledge or consent. You must immediately notify us of any suspected or actual unauthorized
access to or use of your Account Data or any other breach of your Account security.
You are responsible for providing and maintaining, at your own risk, option and expense, any
hardware, software and communication lines required to access and use the Electronic Platforms,
and we reserve the right to change the access configuration of the Electronic Platforms at any
time without prior notice.
No Warranties.
THE ELECTRONIC PLATFORMS AND ALL
MATERIALS ON THE ELECTRONIC PLATFORMS ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS
AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY
OF THE ELECTRONIC PLATFORMS OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS
AVAILABLE THROUGH THE ELECTRONIC PLATFORMS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION
YOU OBTAIN FROM THE ELECTRONIC PLATFORMS BEFORE RELYING ON IT. USE OF THE ELECTRONIC PLATFORMS
IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE ELECTRONIC
PLATFORMS OR THE MATERIALS PROVIDED THROUGH THE ELECTRONIC PLATFORMS WILL BE UNINTERRUPTED,
COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12 BELOW,
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE ELECTRONIC PLATFORMS SHALL BE TO
DISCONTINUE USING THE ELECTRONIC PLATFORMS. YOU ACKNOWLEDGE THAT, TO MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE APP PROVIDERS PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE APP.
Trademarks.
All trademarks, service marks and
logos that are used or displayed on the Electronic Platforms are owned by us or our licensors.
You must obtain our written permission prior to using any trademark or service mark of ours.
Unauthorized use of any trademarks, service marks or logos used on the Electronic Platforms may
be a violation of state, national and international trademark laws. Additionally, our custom
icons, graphics, logos and scripting on the Electronic Platforms may be covered by trademark,
trade dress, copyright or other proprietary right law, and may not be copied, modified or used,
in whole or in part, without our prior written permission.
Reviews, Comments and Other
Content.
If you post or submit any reviews,
comments, photos, statements, ideas, questions or other content, or any names or user names
associated with any of the foregoing, to the Electronic Platforms or to us (collectively, the
“Content”), you acknowledge and agree that all such Content will comply with these Terms
(including, without limitation, Section 3 above), and you may not use any fake e-mail address or
impersonate any other person or entity or otherwise mislead as to the origin of the Content.
Michelin is under no obligation to verify Content published on the Electronic Platforms.
Michelin declines all responsibility arising from said content and the verification thereof. You
are solely responsible for any adverse consequences arising from the content posted. However,
Michelin, in its sole discretion, is entitled to perform any checks on all or part of said
content, prior to or subsequent to its publication. You are solely responsible for the content
of any material submitted to the Website. You represent that you hold all the necessary rights
and authorizations to the Content that you post. Unless we indicate otherwise, you agree that
Content will be deemed non-confidential and you grant us an irrevocable, perpetual, fully paid
up, royalty-free, enterprise wide, worldwide license to copy, modify, sell, create derivative
works from, or otherwise use the Content on any media and in any form for our business purposes.
All Content must comply with all applicable laws and regulations, including without limitations,
any applicable guidelines or rules of the United States Federal Trade Commission, such as FTC 16
CFR Part 255, regarding truth-in advertising and disclosure requirements.
Without limiting the foregoing, Content must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may conflict with these Terms or our
https://www.michelinb2b.com/wps/b2bcontent/HTML/PrivacyPolicy-en_US.html
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm,
or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or
organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
Copyright Infringement
Notification.
It is our policy to respond to
alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998
(“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes
copyright infringement and is accessible via the Electronic Platforms, please notify Michelin as
set forth in the DMCA. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES,
INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Michelin and its affiliates that
your copyrighted material has been infringed. The preceding is intended to comply with
Michelin’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not
constitute legal advice. It may be advisable to contact an attorney regarding your rights and
obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Michelin has adopted a policy of
terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
Michelin may also at its sole discretion limit access to the Electronic Platforms and/or
terminate the accounts of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
Violation of Rules and
Regulations; Disclosure of Information.
We reserve the right to seek all
remedies available at law and in equity for violations of the rules and regulations set forth in
the Electronic Platforms, including, without limitation, these Terms, including the right to
block access from a particular Internet address to the Electronic Platforms. We may cooperate
with legal authorities and/or third parties in the investigation of any suspected or alleged
crime or civil wrong. Except as may be expressly limited by our Privacy Notice, we reserve the
right at all times to: (i) disclose any information as we deem necessary to satisfy any
applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post
or to remove any information or materials, in whole or in part, as applicable, in our sole
discretion.
Indemnity; Reliance.
You agree to indemnify, defend, and
hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and
licensors harmless from and against any and all suits, actions, losses, claims, proceedings,
demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks,
and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or
arising out of: (i) your use of the Electronic Platforms; (ii) your violation of these Terms;
(iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your
Account; (vi) your failure to obtain proper consent from third party users of the Electron
Platforms related to any collection of personal data; and/or (vii) your violation of any law or
regulation or any rights of another. We reserve the right, at your expense, to assume the
exclusive defense and control of any matter which you are required to indemnify against, and you
agree to cooperate in our defense of such matter. This indemnification will survive any
termination of these Terms.
Further, you acknowledge that the data, information, alerts, reporting, reviews and
recommendations, if any, provided by the Electronic Platforms are for informational purposes
only and should not replace any routine practices or your personal or business judgement
regarding the subject of the Electronic Platforms. You are responsible for all actions (or
inactions) in response to any such data, information, recommendations and the like. We shall not
be liable for any damage or loss related to such reliance.
Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT WE
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR
SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE ELECTRONIC PLATFORMS, INCLUDING, WITHOUT
LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE
ELECTRONIC PLATFORMS, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO:
(A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE ELECTRONIC PLATFORMS; (B) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S
COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY
CONTENT OBTAINED THROUGH USE OF THE ELECTRONIC PLATFORMS; OR (E) WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO THE ELECTRONIC PLATFORMS, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE
IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO
OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE ELECTRONIC
PLATFORMS; OR (3) VIRUSES.
AS APPLICABLE, YOU FURTHER UNDERSTAND AND AGREE THAT ANY SERVICES SCHEDULED ON AN ELECTRONIC
PLATFORM ARE RENDERED TO YOU BY THIRD PARTIES INDPENDANT FROM MICHELIN. ADDITIONALLY, ANY
PAYMENTS MADE BY YOU ON AN ELECTRONIC PLATFORM ARE PROCESSED BY A THIRD PARTY INDEPENDANT FROM
MICHELIN. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT MICHELIN IS NOT LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY
SERVICES RENDERED TO YOU OR RELATED TO YOUR PAYMENT FOR SUCH SERVICES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO
THE AMOUNT YOU HAVE PAID FOR THE USE OF THE ELECTRONIC PLATFORMS, IF ANY, AND IF YOU HAVE PAID
NO AMOUNT, THEN FIFTY UNITED STATES DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU
HAVE VIEWED OR USED THE ELECTRONIC PLATFORMS WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR
LIABILITY IN THESE TERMS.
BY ACCESSING THE ELECTRONIC PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH
RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some
jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly,
some of the above limitations may not apply to you to the extent prohibited by law. In such
cases, our liability will be limited to the fullest extent permitted by applicable law.
Third Party Sites and Apps.
Some links in the Electronic
Platforms may navigate you away from the Electronic Platforms or redirect you to other websites,
including websites operated by third parties. The linked third-party websites are not under our
control, and the content available on the linked third-party websites does not necessarily
reflect our opinion or imply our recommendation or endorsement of the linked third-party website
or the opinions expressed therein. We are not responsible for the privacy practices of any other
websites. Please be aware that those websites may collect information from or about you as well
as about your visit. You should review the terms of use and privacy policies that are posted on
any website that you visit, before using any linked websites.
We are providing these links to other Internet sites as a convenience to you, and access to any
other Internet sites linked to the Electronic Platforms is at your own risk. We are under no
obligation to maintain any link on the Electronic Platforms, and we may remove a link at any
time in our sole discretion for any reason whatsoever. We will not be responsible or liable,
directly or indirectly, for any damages or losses caused or alleged to be caused by or in
connection with the use of or reliance on such content, products, services or other materials
available on or through any such website or for any action you may take as a result of linking
to any such website.
No Fiduciary Relationship.
Except to the extent set forth in a
separate agreement between you and us, there is no fiduciary relationship between you and us.
These Terms do not create any relationship of principal and agent, partnership, joint venture,
franchise, or employer and employee, between you and us. You may not enter into any contract on
our behalf or bind us in any way.
Right to Monitor.
We reserve the right to actively
monitor the use of the Electronic Platforms and use any information gathered during such
monitoring for any permissible purpose under our Privacy Notice. Additionally, we may, at any
time as we deem appropriate, remove any materials from the Electronic Platforms that, in our
sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are,
in our sole discretion, inconsistent with our purpose for the Electronic Platforms.
Electronic Communications and
Notice.
When you send e-mails to us or
otherwise contact us, you are communicating with us electronically and you consent to receive
communications from us electronically. We will communicate with you by e-mail at the address we
have on file for you (if any), sending you messages through the mobile application we provide,
or by posting notices on the Electronic Platforms. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You further agree that any notices provided
by us electronically are deemed to be given and received on the date we transmit any such
electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by
certified mail, return receipt requested, or by reputable oversight courier, or by hand
delivery, provided that we may provide written notice to you through electronic communications
as described in the paragraph immediately above. The notice address for Michelin North America,
Inc. is 1 Parkway South, Greenville SC 29615. Any notice sent in the manner sent forth above
shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail,
on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight
courier or hand delivery, upon delivery. We may change our notice address by giving written
notice to you by the means specified in this Section.
Use Outside of the United States
or Canada; Choice of Law; and Venue.
The Electronic Platforms are
operated by us from our offices within the United States of America and Canada. We make no
representation that the information in the Electronic Platforms is appropriate or available for
use in other locations, and access to the Electronic Platforms from territories where the
contents of the Electronic Platforms may be illegal is prohibited. Those who choose to access
the Electronic Platforms from other locations do so, on their own initiative and are responsible
for compliance with applicable local laws. You represent and warrant that: (a) you are not
located in a country that is subject to a U.S. Government embargo, or that has been designated
by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any
U.S. Government list of prohibited or restricted parties.
By using the Electronic Platforms, regardless of where you live or are in the world, you consent
to these Terms and any claims relating to the information, services or products made available
through the Electronic Platforms will be governed by the laws of the State of South Carolina,
U.S.A., excluding the application of its conflicts of law rules. You agree to submit to the
personal jurisdiction of the federal and state courts located in Greenville County, South
Carolina for any actions for which we retain the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of our intellectual property rights as set forth in the
Arbitration provision below, including any provisional relief required to prevent irreparable
harm. You agree that Greenville, South Carolina is the proper forum for any appeals of an
arbitration award or for trial court proceedings if the arbitration provision below is found to
be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR
DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. For any dispute, you agree to first
contact us at privacy.amn@michelin.com and attempt
to resolve the dispute with us informally. In
the unlikely event that Michelin has not been able to resolve a dispute it has with you after
sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any
claims for injunctive or other equitable relief as provided below) arising out of or in
connection with or relating to these Terms, or the breach or alleged breach thereof
(collectively, “Claims”), by binding arbitration. The arbitration will be conducted in
Greenville, South Carolina, unless you and Michelin agree otherwise and shall be kept
confidential and conducted on an expedited schedule. The non-prevailing party shall pay all
costs of the arbitration or other legal proceedings, including the fees and expenses of the
arbitrator and the reasonable attorneys’ fees and expenses of the prevailing party. Any judgment
on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section will be deemed as preventing Michelin from seeking injunctive or other
equitable relief from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, or violation of our data security, intellectual property rights or other
proprietary rights.
Class Action/Jury Waiver.
With respect to all persons and
entities, regardless of whether they have participated in our services for personal, commercial
or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a
plaintiff or class member in any purported class action, collective action, private attorney
general action or other representative proceeding. This waiver applies to class arbitration,
and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s
claims. You agree that, by entering into this agreement, you and Michelin are each waiving the
right to a trial by jury or to participate in a class action, collective action, private
attorney general action, or other representative proceeding of any kind.
Time Limit on Claims Against Us.
You agree that any claim you may
have arising out of or related to your use of the Electronic Platforms or your relationship with
us must be filed within one (1) year after such claim arose; otherwise, your claim is
permanently barred.
Severability and Waiver.
If any provision of these Terms will
be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed
severable from these Terms and will not affect the validity and enforceability of any remaining
provisions. Our failure to enforce the strict performance of any provision of these Terms will
not constitute a waiver of our right to subsequently enforce such provision or any other
provisions of these Terms.
Assignment.
We may assign these Terms or any
part of them without restriction or condition. You may not assign or otherwise transfer these
Term or your rights under these Terms without our prior written consent and any assignment in
violation of this prohibition will be null and void.
Our Remedies.
You agree that any violation, or
threatened violation, by you of these Terms constitutes an unlawful and unfair business practice
that will cause us irreparable and unquantifiable harm. You also agree that monetary damages
would be inadequate for such harm and consent to our obtaining any injunctive or equitable
relief that we deem necessary or appropriate. These remedies are in addition to any other
remedies we may have at law or in equity.
App Provider Terms.
The following terms apply to any App
accessed through or downloaded from any App Provider. You acknowledge and agree that:
(i) These Terms are concluded between you and Michelin, and not with the App Provider, and that
Michelin (not the App Provider), is solely responsible for the App.
(ii) To the extent you obtain an App from the Apple App Store, any licenses granted hereunder
for the use of the App are limited to a license to use the App on any Apple-Platformed Products
that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of
Service, except that the App may be accessed and used by other accounts associated with you via
family sharing or volume purchasing.
(iii) Unless expressly stated otherwise in writing by the App Provider, the App Provider has no
obligation to furnish any maintenance and support services with respect to the App.
(iv) You may notify the App Provider in the event of any failure of the App to conform to any
applicable warranty, and the App Provider will refund the purchase price for the App to you (if
applicable) and to the maximum extent permitted by applicable law, the App Provider will have no
other warranty obligation whatsoever with respect to the App. To the extent that Michelin is not
the App Provider, any claims, losses, liabilities, damages, costs, or expenses other than the
purchase price attributable to any failure to conform to any warranty will be the sole
responsibility of Michelin in accordance with these Terms.
(v) The App Provider is not responsible for addressing any claims you have or any claims of any
third party relating to the App or your possession and use of the App, including, but not
limited to: (A) product liability claims; (B) any claim that the App fails to conform to any
applicable legal or regulatory requirement; or (C) claims arising under consumer protection or
similar legislation.
(vi) In the event of any third-party claim that the App or your possession and use of that App
infringes that third party’s intellectual property rights, Michelin, and not App Provider, will
be solely responsible for the investigation, defense, settlement, and discharge of any such
intellectual property infringement claim to the extent required by these Terms.
(vii) You represent and warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
(viii) You must also comply with all applicable third-party terms of service when using the
App.
(ix) The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as
related to your license of the App, and that, upon your acceptance of the terms and conditions
of these Terms, the App Provider will have the right (and will be deemed to have accepted the
right) to enforce these Terms as related to your license of the App against you as a third-party
beneficiary thereof.
(x) You further agree to comply with the App Providers’ terms and conditions: (a) Apple Media
Services Terms and Conditions (available at:
https://www.apple.com/legal/internet-services/itunes/us/terms.html);
and (b) Google Play Terms
of Service (available at: https://play.google.com/about/play-terms/index.html),
which are
incorporated herein and made a part of these Terms by this reference.
How to Contact Us.
If you have any questions regarding
the Electronic Platforms, these Terms, please contact at us at the information provided in our
Privacy Notice, available
https://www.michelinb2b.com/wps/b2bcontent/HTML/PrivacyPolicy-en_US.html.