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Terms of Use

 

Last updated: September 25, 2023

1.       Context

These Terms of Use (the “Terms”) govern the access and use by you of BFGoodrich Tires’, a brand of Michelin North America, Inc. (hereafter “MNAI” or “us”), OnTrail mobile application (the “Application”), OnTrail website (the “Site”), and any other software, content, information, services, features, or resources available or enabled via the software, Application or Site (collectively, the “Services”).

Please read these Terms carefully. By accessing, installing and/or using the Application or Site, or otherwise accessing or using the Services, you (“User” or “you”) are agreeing to these Terms, which establishes together with the Privacy Notice (as defined below) a contractual relationship and constitutes a binding agreement between you and MNAI If you do not agree with these Terms, do not access, install, or use the Services.

Our privacy notice (the “Privacy Notice”), which is incorporated by reference into these Terms, explains how we treat your personal data and protect your privacy. You agree that MNAI might use such data in accordance with its Privacy Notice. To learn more about our practices concerning your personal data, as a visitor or User, please visit and review our Privacy Notice, located here.

2.       International User Criteria

Services are controlled and offered by MNAI through its partners and service providers from facilities in the United States of America. MNAI makes no representations that Services are appropriate for use in other countries or locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. 

3.       Registration

When registering an account for the Services (“Account”), you agree to provide only true, accurate, current, and complete information (the “Registration Data”) and to keep the Registration Data current thereafter.  You agree not to communicate your password, your account information, and your access to the Application to third parties. The account is personal and only one account can be created per natural person. You are responsible for maintaining the confidentiality of your password and your account information and for all activities carried out under your account following your access or use of the Services.

4.       Conditions for Participation in Rewards Program

Participation in the rewards program is voluntary and is not required to obtain Services. The program is open to users of the Services who are at least 15 years of age and a citizen and resident of the 50 United States or the District of Columbia. The following individuals are excluded from eligibility to participate in the rewards program:  (i) officers, directors, employees, agents, and representatives (collectively “Personnel”) of any company involved in the development, presentation or administration of the rewards program; and (ii) the immediate family members of the foregoing excluded Personnel (i.e. spouses, parents, children, siblings and the “steps” of each) and all other persons living the same household as the excluded Personnel.

Your participation in the rewards program may provide opportunities to earn points which are redeemable for prizes such as gift cards and entry into occasional sweepstakes or contests or to receive occasional promotional offers. The reward points are promotional in nature, are not transferable or conveyable by any means, and have no cash value.  MNAI may entrust the administration and fulfillment of points and prizes to our service provider, Connected Travel, LLC or to another business partner who may sponsor reward program opportunities.

Participation in the rewards program and the opportunities to earn points and redeem points are offered at MNAI’s sole discretion and MNAI may limit, suspend, or terminate your participation in the rewards program at any time with or without prior notice to you. MNAI also reserves the right in its sole discretion to change, add or remove the methods by which you can earn points, the quantity of points you may earn for each activity, and the expiration period for points.

                4.1 Earning Reward Points

Your participation gives you the opportunity to earn reward points by performing certain activities, which may vary over time and is based on the collection of different types of points.

Tread Points are earned through the completion of missions which are made within the Application. Tread Points can be redeemed for sweepstakes entries.

Experience Points are collected over time and recognize your level of engagement in the community.

                Reward points are typically issued within 24 hours after the performance of the activity or the completion of a mission. If you believe that reward points were not properly issued to your account, you must send an email to BFGoodrichOnTrailSupport@BFGoodrich.com within 15 days of the day when the reward points were to be issued. MNAI is not liable for the failure of any reward or points to be accurately captured, issued, calculated, or redeemed for any reason, including but not limited to, any technical malfunction or other problems relating to network, computer system, servers, access providers, computer equipment or software. Reward points expire six months after they are awarded.

                Any reward points that cannot be verified to the satisfaction of MNAI are subject to adjustment, cancellation, disqualification, or revocation at our sole discretion. MNAI reserves the right, in our sole and absolute discretion to (i) investigate, invalidate and revoke any rewards or rewards points we deem to have been issued in error, or as the result of any violation of these Terms, or as the result of any actual or suspected fraudulent or improper activity (including without limitation, the use of any system, macro, script, bot or fake email address to manipulate the rewards program); (ii) bar further rewards points from being issued to any User with any actual or suspected fraudulent or improper activity or violation of these Terms, and (iii) terminate your rewards program account and deactivate, cancel or revoke any rewards points if MNAI suspects that you have used or attempted to use the rewards program in a fraudulent or abusive manner in violation of these Terms or applicable law. In the event your participation in the rewards program is terminated for any reason, you will not be able to redeem accumulated points or rewards and you will not be permitted to re-enroll in the rewards program. MNAI also reserves the right to unregister a reward program account that is inactive, defined as an Account that has not earned or redeemed reward points for 6 months. In the event your rewards program account is unregistered due to inactivity, you may reactivate the rewards program account by sending an email to BFGoodrichOnTrailSupport@BFGoodrich.com. Please note that any rewards points earned prior to the account being unregistered will be forfeited.

 

                4.2 Redeeming Rewards Points

                To redeem rewards points, go to the Redeem tab in the App. The App will include information on how many rewards points are needed to redeem for a specific reward, instructions on how to redeem points for the reward and any applicable terms and conditions regarding the use of the reward. Rewards can be redeemed only while supplies last in some circumstances or only during a limited time in other circumstances. All reward points redemptions are final. You are responsible for the payment of all taxes which may result from your obtainment and/or use of any reward and all costs and expenses associated with acceptance of a reward and any and all use of the reward not specifically provided here or otherwise expressly stated by MNAI are your responsibility.

                MNAI provides no warranty with rewards other than that offered by the manufacturer. MNAI will not be responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any reward, including but not limited to the quality, mechanical condition or fitness for a specific purpose.

                4.3 MNAI Sponsored Sweepstakes or Contests Rules

                Sweepstakes and contest opportunities sponsored by MNAI (the “Sponsor”) may be presented as a reward program benefit. Any sweepstakes or contest offered through the rewards program and sponsored by MNAI will be governed by the below General Official Rules as well as any specific rules provided to Users for a particular sweepstakes or contest. The conditions of participation and details of each individual sweepstakes will be communicated to you by email or via the Application prior to the date of the drawing.

                General Official Rules

1.       NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A SWEEPSTAKES OR CONTEST. ALL FEDERAL, STATE AND LOCAL LAWS APPLY AND ARE VOID WHERE PROHIBITED.

 

2.       The sweepstakes or contest is governed by these Official Rules and the sweepstakes specific, or contest specific rules published at the time they are made available for entry. Sponsor reserves the right, in its sole discretion, to amend or modify these Official Rules, or modify, cancel, or suspend the sweepstakes or contest, without prior notice, for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of Sponsor corrupts, or threatens to corrupt the security or proper administration of the sweepstakes or contest.

 

3.       ELIGIBILITY: Sweepstakes or contest are only open to permanent legal residents of the United States, who are (i) at least 18 years old at the time of entry, (ii) and have enrolled in the rewards program in the BFGoodrich OnTrail Application, (iii) not an officer, director, employee, agent, or representative  of any company involved in the development, presentation or administration of the rewards program and the immediate family members of the foregoing individuals (i.e. spouses, parents, children, siblings and the “steps” of each) and all other persons living the same household as the excluded individuals. All entries not strictly meeting the criteria set forth in these Official Rules and the sweepstakes or contest specific rules are disqualified. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final, binding and not disputable in any matters related to the sweepstakes or contest.

 

4.       ENTRY AND REQUIREMENTS FOR PARTICIPATION: Enter in accordance with the sweepstakes-specific or contest-specific rules within the designated entry period. Entrant must be the authorized account holder of the email address registered with the Account used to enter the sweepstakes or contest. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the event of a discrepancy between the identity of the authorized account holder, the winner and the entrant, MNAI reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner.

Sponsor is not responsible for transactions or entries that are lost for any reason, incomplete, inaccurate, interrupted, stolen, deleted, delayed, garbled, mutilated, illegible, late or misdirected or that are processed, reported undeliverable or transmitted incorrectly; or for other errors or problems of any kind whether mechanical, technical, human, telephone network, wireless or otherwise relating to or in connection with the sweepstakes or contest, including without limitation, errors or problems which may occur in connection with the administration of the sweepstakes or contest, the processing of entries, the announcement of the prize, the inability to access any website associated with the promotion or process any transaction or for inaccurate transmissions or failure to receive entry information on account of technical problems, traffic congestion on the Internet or any combination thereof. Any such entries will be void. Sponsor is not responsible for user cheating or fraud by any entrant and any activities intended to disrupt or interfere with the proper play of the sweepstakes or contest to defraud Sponsor in any way will be prosecuted to the fullest extent of the law.

If you participate by accessing a URL through a mobile device, based upon your carrier, data rates may apply.

5.       PRIZES/ODDS/TAXES: The specific rules of the sweepstakes or contest will determine the number of prizes available to win and the approximate retail value of each prize. The odds of winning are based on the number of eligible entries received.

 

Sponsor bears no responsibility if any event, element, or detail of a prize is canceled, postponed or becomes unavailable for any reason. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at the time of the award.

 

Prize winners will be solely responsible for any federal, state, and local taxes, fees and/or any other expense and cost associated with or imposed on the prize. By entering, each entrant agrees that, if selected as a winner, they will provide Sponsor with all information required for Sponsor to complete the appropriate tax forms and related documents, including a W-9 form.

 

Prizes are non-assignable and non-transferable. The prize must be accepted as rewarded and has no cash value; no cash alternative or prize substitution will be allowed or awarded, except Sponsor reserves the right to substitute a prize of equal or greater value. Prizes will only be awarded and delivered to addresses within the eligible locations in the United States.

 

6.       WINNER REQUIREMENTS: Winners are subject to verification of eligibility, including verification of age and residency, and winning is contingent upon fulfilling all requirements of the official rules.  Each winner will be informed by email (to the email address provided when registering for an Account) of their win and the prize won, along with additional details which may be unique to the sweepstakes or contest drawing and how to claim their prize. The winner must respond within 10 days of the email notification at the email address provided in the notification to confirm acceptance of the prize and the postal address and/or email address for sending the prize. If the winner does not confirm acceptance within 15 days, then the winner will be considered to have forfeited their prize. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email accounts, technical difficulties associated therewith, or the potential winner’s failure to adequately monitor any email account. 

 

7.     SPONSOR’S RIGHT TO USE WINNER’S NAME, LIKENESS, VOICE, STATEMENTS AND DEMOGRAPHIC INFORMATION: Except where prohibited by law, by accepting a prize in the sweepstakes or contest, each winner grants the Sponsor and its agents and designees, without further compensation, to the use of the entrant’s name, voice, photo/likeness, statements and other demographic information provided in the entry for advertising and promotional purposes, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised. Each winner agrees to promptly execute and return to Sponsor any confirmation, license, verification, or other document Sponsor requests to confirm and formalize these rights herein granted.

8.     GOVERNING LAW/DISPUTES: All sweepstakes and contests are governed by the laws of the United States and the State of South Carolina without respect to conflict of law doctrines. As a condition of entry and participation, except where prohibited by law, entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with the sweepstakes or contest shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel which shall be located in Greenville, South Carolina, having jurisdiction.

9.     RELEASE, INDEMNIFICATION AND LIMITATIONS OF LIABILITY: BY PARTICIPATING, ENTRANT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND CONTEST AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (the “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, COSTS, DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE), INJURY, LIABILITY, LAWSUITS, LOSSES, AND COMPENSATION, INCLUDING ATTORNEYS’ AND OTHER LEGAL FEES, CHARGES OR EXPENSES, WHETHER FOR INJURY TO PERSON (INCLDUING DEATH AND INTENTIONAL TORTS), DAMAGE TO PROPERTY OR OTHERWISE, MADE AGAINST OR SUFFERED OR INCURRED BY ANY OF THE RELEASED PARTIES AS THE RESULT OF OR ARISING OUT OF ENTRANT’S (I) ENTRY, PARTICIPATION IN OR USE OF SWEEPSTAKES OR CONTEST OR ANY RELATED ACTIVITIES; (II) ACCEPTANCE, DELIVERY, POSSESSION, USE OR MISUSE OF A PRIZE; (III) PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR ANY ELEMENTS THEREOF; OR (IV) ACCESS TO OR USE OF (OR FAILURE TO ACCESS OR USE) THE SWEEPSTAKES OR CONTEST WEBSITE OR APPLICATION, DOWNLOADS FROM THE WEBSITE OR APPLICATION OR PRINTING MATERIAL FROM THE WEBSITE OR APPLICATION.

To the fullest extent permitted by law, entrants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the entities of any term in these General Official Rules or any sweepstakes-specific or contest-specific rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these rules only to the extent of its invalidity, illegality or unenforceability, and these rules shall be construed and enforced as if they did not contain the stricken provision.

10.  PRIVACY: Any personal data collected during an entrant’s participation in a sweepstakes or contest will be collected and used by Sponsor and its designees (i) for the administration and fulfillment of the sweepstakes or contest; and (ii) as further described in Sponsor’s Privacy Notice.

11.  DISCLAIMER: Apple is not a sponsor and is not involved in any way with the sweepstakes.

 

5.       Personal Data

You agree and acknowledge that information generated by your use of the Services including, without limitation, Registration Data or other personal data collected through the Services (together, the “Personal Data”) will be accessed, used, processed, and disclosed by MNAI. The Personal Data may also be provided to MNAI’s affiliates and service providers for their use, processing, and disclosure. The use, processing, and disclosure of Personal Data by MNAI will be governed by MNAI’s Privacy Notice.  For more information about Connected Travel, LLC’s privacy practices, you may view its privacy policy here [Privacy Policy].

 

6.       Use of Services and Intellectual Property – License

Subject to your acceptance of and use in full compliance of these Terms, we grant you a personal, non-exclusive, non-assignable and non-sublicenseable and revocable right to access and use the Services and its content, including designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, works, interfaces, texts, and literary works (the “Content”) for your strictly personal use and for the exclusive purpose of using the Services as defined herein. All other rights are expressly excluded unless otherwise agreed in writing. You must not grant any rights to any third party in the Services or its Content. You must not (i) modify, reproduce, represent, adapt and/or translate all or part of the Services and/or Content; or (ii) extract all or part of the Services or Content on a website, media, or network. We reserve the right to modify all or part of the Services and Content at any time, including, without limitation, the right to remove or modify any element, functionality and/or function of the Services. You acknowledge that you will only be able to use the Application or Site if it is connected to the Internet network.

The Services and its Contents are protected by intellectual property rights, in particular by copyright and trademarks, which are our and/or our licensors’ exclusive property. 

These Terms cannot be interpreted as transferring ownership of the Services or the Content to Users.

Any User is prohibited from copying or reproducing all or part of the Content and the Services, except for their own use and without specific authorization.

As part of your use of the Services, you may post comments or any other content and submit suggestions, ideas, questions or any other information (“User Content”) as long as such content is not illegal, obscene, abusive, threatening, defamatory, slanderous, infringing of intellectual property rights, or prejudicial to third parties or objectionable and does not consist of or contain computer viruses, political activism, commercial solicitations, chain e-mails, mass mailing or any other form of “spam.” You must not use a false email address, impersonate a person or an entity. We reserve the right to remove or edit any content. If you believe that any content on or within the Services contains a defamatory message, or that your intellectual property rights have been infringed by an article or information on the Services, please contact MNAI.

You represent and warrant that you own or have the necessary rights to the User Content that you post, that on the date of publication of User Content: (i) the User Content is accurate; and (ii) the use of the User Content that you have provided will not harm any natural or legal person (in particular that the User Content does not and is not defamatory). You agree to indemnify us in the event of an action by a third party against us for User Content that you have provided, except in the event that possible liability could be sought for not having removed content whose illegal nature would have notified us as soon as this action would have for cause, foundation or origin the User Content that you communicated to us.

7.       Liability

Any use and/or exploitation of the Services that is illegal and/or not authorized by these Terms for any reason whatsoever may be the subject of any appropriate action, in particular a termination of your access to the Services, and/or legal proceedings, such as an infringement action. In particular, the User undertakes not to:

-          Infringe any third-party intellectual property, publicity or privacy rights;

-          Violate any applicable law or regulation;

-          Create a nuisance for our service providers, our business or other users of the Services;

-          Introduce into the Application or Site any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, or any data or personal information from or through any software or hardware associated with the Services;

-          Use the Services to record or transmit malicious code or to collect, send or store infringing, obscene, profane, false, malicious, threatening, abusive or otherwise illicit material; and

-          Modify, alter, or remove copyright notices, trademarks, or any other intellectual property privilege appearing in or on the Services, or allowing it to be identified;

You will be held responsible for any damages suffered by us resulting from your violation of these Terms. You agree to indemnify and hold us harmless, along with our officers, employees, stakeholders, licensees, and insurers, for any loss, expense, damage and expense, including reasonable attorneys’ fees, resulting from (i) the use of the Services, (ii) the violation by you of the Terms, (iii) the violation of any applicable law or the violation of the rights of any third party, and (iv) your failure to obtain proper consent from third-party users of the Services related to any collection of personal data.

You further acknowledge that the data, information, alerts, reporting, reviews, and recommendations provided by the Services is for informational purposes only and should not replace any routine practices or your personal judgement regarding road, tire, trail travel, off-road travel and safety. The information provided by the Services is not intended to replace the information provided on any public or private road such as travel direction, time-based restrictions, lane restrictions, road blockages, traffic signs, traffic lights, police instructions, etc.  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. 

8.       No Warranty

MNAI PROVIDES THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MNAI MAKES NO – AND SPECIFICALLY DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9.       Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MNAI, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF MNAI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MNAI, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU PAID MNAI, IF ANY, IN THE LAST 12 MONTHS FOR THE SERVICES. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10.    Be Careful While Driving

When using the Services and/or participating in any Rewards Program, you agree to follow all road, off-road and trail safety rules, and applicable laws. DO NOT DIRECTLY INTERACT WITH THE SERVICES WHILE DRIVING. It is your sole responsibility to drive safely while using the Services.

 

11.    Availability – Risks Associated with Internet Use

The Services and Content is available “as is” without any guarantee. We strive to make them accessible at all times, but we cannot guarantee continuous or fault-free service. We do not guarantee that the Services or its Content (i) will meet your needs, (ii) be free of errors or omissions, or (iii) always available and accessible uninterrupted. We reserve the right to correct any errors or omissions in the Services and Content at any time.

It is expressly recalled that the Internet is not a secure network. While we will take reasonable steps to prevent the introduction of viruses, worms, destructive attacks, or the intrusion of third party into the system of your terminal or device, we do not warrant or make any representation that our Services and Content do not contain such destructive elements. We are not responsible for any damage or loss that may be attributable to these items or held responsible for such contamination.  We disclaim all responsibility in the event of a malfunction of the Internet network, telephone lines and/or reception equipment preventing access to the Services. The data fees billed to you for using the Internet to access the Services are subject to the terms and conditions entered into with your Internet service provider or your mobile network operator. You are aware of the risks inherent in using the Internet, including, without any limitation, the risks of unavailability of the Services, non-confidentiality, or loss of integrity of the data transmitted, potential virus attacks, etc.

12.    Links to Third Party Websites

The Services may contain hypertext links to websites operated by third parties other than us. These hypertext links are for reference only. We are not responsible for (i) the availability or content of other services that may be linked to our Services, (ii) the protection of personal data or other practices of such websites.

To the extent that we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services and that we do not endorse, nor be responsible for the content, accuracy, quality, advertising, products, services, or other material available on these services or available through these services. Further, you acknowledge and agree that we will not be liable, directly, or indirectly, for any harm or loss caused or allegedly caused by or relating to the use of or reliance on any content, goods, or services available on or through these services.

13.    Suspension and Termination

Without prejudice to our rights and remedies, we reserve the right to automatically, whether temporarily or permanently, suspend your access to the Services, at any time, with or without notice, in the event you violate any of the provisions of these Terms. We also reserve the right to discontinue the Services at any time, for any reason, without notice to you and without liability to you or any third party.

Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and any unpaid amounts you owe to MNAI will remain due.

14.    Modification

We can modify or adapt these Terms at any time. We will change the “Last Updated” date at the beginning of these Terms and inform you of any changes by placing a visible notice on the Services or by email. All changes will be effective from the “Last Updated” date unless otherwise provided. You will be deemed to have accepted the amended Terms if you continue to access and use the Services. If you do not agree with any changes or adaptions to the Terms, you must stop using the Services.

15.    General

The Terms, together with any amendments to such Terms, the Privacy Notice and any additional rules related to the Rewards Program, constitute the entire agreement between you and MNAI concerning the subject matter hereof and supersede the terms of any other communication and/or advertising concerning the Services. If any provisions of these Terms are deemed to be illegal, invalid, or unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be applied, they will be considered to be deleted from these Terms, and the other provisions will remain in force. Failure by any party to comply with any right or stipulation of the Terms does not constitute a waiver of this right or stipulation.

16.    Governing Law, Arbitration, Class Action/Jury Trial Waiver

16.1            Governing Law. These Terms will be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 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 in the event that the arbitration provision below is found to be unenforceable.

16.2            Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from MNAI For any dispute, you agree to first contact us at BFGoodrichOnTrailSupport@BFGoodrich.com or 1.866.507.0830 and attempt to resolve the dispute with us informally. In the unlikely event that MNAI 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 MNAI 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 MNAI 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.

16.3            Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have participated in the 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 MNAI 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.