Cooper Tire & Rubber Company Europe Limited
Terms of Service
Last Updated: February 2008
This agreement includes:
1. Agreement to Contract Electronically
6. Limitation of Liability
7. Intellectual Property
8. User Submissions
9. Links to Other Web Sites
10. Unsolicited Ideas
11. General Legal Provisions
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree to contract electronically with Cooper. You agree that this electronic Terms of Service agreement, combined with your act of using the services offered on this Web Site or clicking on "I Agree," have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.
We may discontinue, add to, modify, upgrade, or replace all aspects of the Web Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Web Site.
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER COOPER NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES COOPER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
ALL SERVICES, PRODUCTS, MERCHANDISE, CUSTOMIZATION, AND MATERIALS OBTAINED THROUGH THE WEB SITE INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND "COOKIES," ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT COOPER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
COOPER IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS WEB SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT COOPER’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF COOPER.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER COOPER OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR S UPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT AT ISSUE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOPER OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEB SITE; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; AND (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY COOPER OR RETENTION BY YOU OF DIRECT DAMAGES AS LIMITED BY THE FOREGOING PARAGRAPH IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT OR IN EQUITY. IN NO EVENT WILL COOPER BE LIABLE FOR ANY DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT COOPER’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF COOPER.
7. INTELLECTUAL PROPERTY
Copyrights: All of the content on this Web Site, including, but not limited to, any text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of Cooper, our partners, or content providers and is protected by applicable copyright laws. The contents of the Web Site are copyrighted as a collective work under the United States copyright laws and other applicable copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of Cooper.
Trademarks: All trademarks, trade names, brand names, and service marks of Cooper, whether registered or unregistered, are the property of Cooper or its parent company, Cooper Tire & Rubber Company, Delaware USA, and are protected by United States and other trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the prior written consent of Cooper. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed by Cooper or its parent company, Cooper Tire & Rubber Company, Delaware USA, are the property of Cooper or its parent company, Cooper Tire & Rubber Company, Delaware USA, and are protected by United States and other applicable patent laws. Any use of these patented or patentable assets is prohibited without the prior written consent of Cooper or its parent company, Cooper Tire & Rubber Company, Delaware USA,.
Limited License: You may display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the Web Site or otherwise known to you, download portions of the material from the various locations on Cooper solely for your personal, non-commercial use.
Termination of License: If you violate any of these Terms of Service, your permission to use the content of this Web Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.
Copyright Infringement: If you believe that any material contained in this Web Site infringes your copyright, you should notify Cooper of your copyright infringement claim in accordance with the following procedure.
Cooper will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Web Site's Designated Agent who is:
Cooper Tire & Rubber Company
701 Lima Avenue
Findlay, Ohio 45840
Telephone: (419) 423-1321
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. 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.
8. USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--Cooper a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. Cooper may sublicense its rights through multiple tiers of sublicenses.
9. LINKS TO OTHER WEB SITES
This Web Site may contain links to third party web sites ("Third Party Sites"). We do not, either expressly or by implication, endorse the content on these Third Party Sites. The links are provided for your convenience only. We have no control over such Third Party Sites, nor do we review the content on those Third Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that Cooper is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third Party Site or resource.
10. UNSOLICITED IDEAS
Cooper does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, the property of Cooper. None of the information will be treated as confidential or proprietary, and Cooper shall not be liable for any use or disclosure of such information. Cooper shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
11. GENERAL LEGAL PROVISIONS
International Laws: Cooper's headquarters are located in Melksham, Wiltshire, United Kingdom. Cooper makes no claims that the information, products, customization, materials, services, and advice provided on this Web Site are appropriate or may be downloaded outside of the United Kingdom. Access to the information, products, customization, materials, services, and advice may not be legal by certain persons or in certain countries. If you access this Web Site from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Cooper, or in any way relating to your use of the Web Site, resides in the courts of the England., and you further agree and expressly consent to the exercise of personal jurisdiction in the English courts in connection with any such dispute including any claim involving Cooper or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the internal substantive laws of England without respect to its conflict of laws principles.
Termination: Cooper may terminate these Terms of Service without cause at any time and effective immediately. In addition, Cooper, in its sole discretion may terminate these Terms of Service immediately and without notice for violation of any part of these Terms of Service. You may also terminate these Terms of Service by simply discontinuing use of your account and/or the Web Site. In the event of any termination of these Terms of Service, the restrictions on your use of the content of the Web Site (as set forth in Paragraphs 7 ("Intellectual Property) and 8 ("User Submissions")) shall survive such termination, and you agree to be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold harmless Cooper, its officers, directors, employees, agents, licensors, suppliers, affiliates, and licensees from and against any claims, actions, or demands, liabilities, damages, and settlements (including without limitation, reasonable legal and accounting fees and litigation expenses) resulting from, or alleged to result from, your violation of these Terms of Service or relating to or arising from your use of the Web Site, Cooper services, and any products or services obtained on or through the Web Site.
Waiver & Severability: Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No waiver of any of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Copyright © 2006 Cooper Tire & Rubber Company Europe Limited, All rights reserved.