Terms of Use 2016-12-29T22:31:43+00:00

Terms of Use

1. DEFINITIONS

Winterdrive.com is the web site maintained on the World Wide Web by RAO, Inc., dba Bridgestone Winter Driving School (“BWDS”). The “site” refers to winterdrive.com. “User,” or collectively “Users,” refers to any party who accesses the site. “Access” means viewing or otherwise obtaining information located on winterdrive.com. “Agreement” refers to this Terms of Use Agreement and any subsequent modification.

2. ACCEPTANCE OF TERMS

By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement. BWDS reserves the right to modify this Terms of Use Agreement at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in this Terms of Use Agreement is effective immediately upon User’s receipt of notice from BWDS. Notice can be given through email, posting on the site or any other means by which User may obtain notice. Users should periodically check this Terms of Use Agreement for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. BWDS has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. BWDS can restrict access to any or all portions of the site or remove any information or content from the site at any time. BWDS reserves the right to monitor use of the site. User is solely responsible for providing the equipment related to accessing the site, including all computers, remote communications equipment, telephone or other equipment.

3. USER ACCOUNTS

If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. BWDS reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.

4. COPYRIGHT AND MARKS

All content on the site (with the exception of content provided by BWDS’ third party content providers and materials posted by Users) are the copyrighted property of BWDS. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed†on another site, or distributed in any way without the prior written consent of BWDS. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. User is not permitted to use any of these third party marks or content without permission of the respective owner. Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material, but they are deemed to have given BWDS a license to the material sufficient for the purposes of operating the web site, which means BWDS can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. BWDS also has the right to remove User content from the site at any time for any purpose.

5. PROHIBITED CONDUCT

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

a) Use any device or other means to harvest information about other Users.

b) Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.

c) Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or any BWDS employee’s computer or other medium used to access the site.

d) Post any material on the site that is offensive to any other User. BWDS maintains the exclusive right to determine what is offensive.

e) Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).

f) Modify the information, including headers, found on the web site.

g) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.

h) Engage in any action which BWDS determines is detrimental to the use and enjoyment of the site.

i) Use the site for any unlawful or defamatory means.

j) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

k) Attempt to access, or access, the personal information of another User which is stored on this site.

l) Permit any person to access this site using the User’s password.

m) Attempt to, or access, this site using another User’s password.

n) Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. BWDS reserves the right to bar any such activity.

o) Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other User or any other customer of BWDS, including any BWDS account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

6. DISCLAIMER AND LIMITATION OF LIABILITY

Although BWDS has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE†BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER BWDS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BWDS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BWDS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL BWDS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL BWDS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

7. THIRD PARTY CONTENT

BWDS is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and BWDS is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by BWDS. BWDS assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings. BWDS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, BWDS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

8. USER CONTENT

BWDS may from time to time and at its sole discretion post content on the site that has been submitted to BWDS by User, including but not limited to product reviews or other comments (collectively, “User Contentâ€). User may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User retains the copyright in any User Content and grants BWDS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants BWDS the right to use the name submitted by User in connection with User Content, if BWDS so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify BWDS for all claims resulting from the User Content. BWDS has the right but not the obligation to monitor and edit or remove any User Content. BWDS takes no responsibility and assumes no liability for any User Content.

9. INDEMNIFICATION

User agrees to defend, indemnify and otherwise hold harmless BWDS and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.

10. SECURITY

Users are prohibited from violating or attempting to violate the security of the site. BWDS will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

11. VIOLATION OF THIS TERMS OF USE AGREEMENT

BWDS may disclose any information we have about User (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BWDS’ rights or property, or the rights or property of visitors to or users of the site, including Tire Rack’s customers. BWDS reserves the right at all times to disclose any information that Tire Rack deems necessary to comply with any applicable law, regulation, legal process or WEB SITE TERMS OF USE AGREEMENT PAGE 5 BWDS WEBSITE TERMS OF USE AGREEMENT[2].DOC governmental request. BWDS also may disclose your information when BWDS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that BWDS may preserve any transmittal or communication by you with BWDS through the site or any service offered on or through the site, and may also disclose such data if required to do so by law, or BWDS determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of BWDS, its employees, users of or visitors to the site, and the public. User agrees that BWDS may, in its sole discretion and without prior notice, terminate User’s access to the site and/or block future access to the site if we determine that User has violated this Terms of Use Agreement or other agreements or guidelines which may be associated with User’s use of the site. User also agrees that any violation of this Terms of Use Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to BWDS, for which monetary damages would be inadequate, and User consents to BWDS obtaining any injunctive or equitable relief that BWDS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BWDS may have at law or in equity. You agree that BWDS may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems. If BWDS does take any legal action against you as a result of your violation of this Terms of Use Agreement, BWDS will be entitled to recover from User, and User agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BWDS. User agrees that BWDS will not be liable to User or to any third party for termination of User’s access to the site as a result of any violation of this Terms of Use Agreement.

12. TERMINATION OF AGREEMENT

Either BWDS or User may terminate this Terms of Use Agreement at its discretion. In addition to BWDS’ other rights, BWDS may terminate access to this site or cancel membership to any service that BWDS provides on the site if User breaches this Terms of Use Agreement in any way or engages in conduct that BWDS deems inappropriate. In the event of termination of this Terms of Use Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8, 9 and 11 shall survive.

13. LINKS

User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray BWDS or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any BWDS logo or other proprietary graphic or trademark as part of the link without express written permission. BWDS reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing BWDS’ name or trademarks without BWDS’ express written consent.

14. COPYRIGHT PROTECTION

BWDS honors the intellectual property rights of others and asks the same of Users of the site. BWDS may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide BWDS with the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c) 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, and information reasonably sufficient to permit BWDS to identify the material;

d) Information that is reasonably sufficient to permit BWDS to contact the complaining party, such as address, telephone number and, if available, email address;

e) A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact information:
By mail:
Bridgestone Winter Driving School
2300 Mount Werner Circle, C7
Steamboat Springs CO 80487
U.S.A.
By email: team@drivingsciences.com