Privacy Policy

 

Use of the Services and the information provided is governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

 

Modification

 

Nitto may modify these Terms of Use from time to time and such modification shall be effective upon posting on Nitto's website (www.nittotire.com). You agree to be bound to any modification to these Terms of Use when you use any of the Services after such modification is posted. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any modifications.

 

DISCLAIMER

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND NITTO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON]INFRINGEMENT AND SATISFACTORY QUALITY. NITTO MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS]FREE OR ERROR]FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. NITTO ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. NITTO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL NITTO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE.

 

LIMITATION OF LIABILITY

 

ALL LIABILITY OF NITTO, ITS DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF NITTO, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NITTO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT NITTO, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICES OR CONTENT FOR:

 

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

 

Governing Law

 

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Orange County, California.

 

Indemnity

 

You agree to defend, indemnify, and hold harmless Nitto, its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and affiliated entities, and its or their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneysf fees and litigation expenses) relating to or arising from: the Services; your use of the Services; your User Content; your fraud, violation of law, or willful misconduct; and any breach by you of these Terms of Use.

 

Miscellaneous

 

These Terms of Use and the agreements, policies and terms to which it refers constitute the entire agreement between you and Nitto regarding the use of the Services. The failure of Nitto to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

If you have any questions about these Terms of Use, please contact Nitto at:

 

Nitto Tires U.S.A. Inc.
5665 Plaza Drive, Suite 250
Cypress, California 90630

 

Effective Date: June 29, 2012

 

Privacy Policy

 

Your privacy is important to Nitto Tire U.S.A. Inc. ("Nitto"). As a result, Nitto has developed this Privacy Policy that covers how we collect, use, disclose, transfer, and store your information when you use any of our websites, services, and mobile applications or participate in any of our promotional events (collectively, the "Services"). Please take a moment to familiarize yourself with Nitto's privacy practices before you use the Services.

 

Information You Submit

 

Nitto receives and stores information you submit through the Services or provide to us in any other way. Nitto will use such information to help develop, deliver, and improve Nitto's products, services, content, promotions, and advertising. The types of information you may submit through the Services, include (without limitation), the following:

 

  • In order to use certain Services, you may be required to provide your name, valid email address, phone number, Twitter and/or Facebook user names, contact preferences and browser information. This information is used for such purposes as allowing you to set up a user account and profile, improving the content and delivery of the Services and communicating with you about specials, new features and important notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal by contacting Nitto as provided below.
  • Your reviews, tips, photos, message board posts, compliments, profile, and other content you post to through the Services are visible to other users and can be read, collected, used or disseminated by them. In particular, your posting of material on certain of the Services may disclose your geographic location to other users. You are responsible for the materials you submit and any resulting disclosure or use of such materials by a third party. Nitto therefore urges you to think carefully before making a posting of any material.

 

Information Nitto Collects

 

In addition to the information you submit through the Services, Nitto also collects and stores information from and about you in the course of your use of the Services. Nitto may use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide the functionality and improve the quality of the Services, and for promotional and marketing purposes. For example:

 

  • Nitto may use cookies, web beacons and similar technology in connection with your use of the Services ("Cookies"). Cookies may have unique identifiers, and reside, among other places, on your computer, in emails Nitto sends to you, and on our websites. Cookies may transmit information about you and your use of the Services, such as your browser type, search preferences, and the date and time of your use. You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Services.
  • Nitto and its service providers gather certain information automatically and store it in log files when you use the Services. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.
  • Nitto may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.
  • In some of Nitto's email messages, we use a "click-through URL" linked to content on our website. When you click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. Nitto tracks this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

 

Third Party Disclosures

 

Nitto does not rent, share, sell, or trade your information with third parties, except in the following circumstances:

 

  • Nitto may outsource to third parties certain services/functions, including, without limitation: (a) customer support; (b) information processing; (c) tracking and reporting; (d) product and prize fulfillment; and (e) other functions and services. Nitto may share your information with such third party service providers. These parties are obligated to protect your information.
  • Nitto may share your information with subsidiaries, joint ventures, or other companies under common control, in which case Nitto will require them to honor this Privacy Policy. If another company acquires Nitto or all or substantially all of our assets, Nitto may transfer your information to that company and that company will assume the rights and obligations with respect to that information as described in this Privacy Policy.
  • Nitto may investigate and disclose your information if we have a good faith belief that such investigation or disclosure is: (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with any of the Services; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.

 

Protection of Personal Information

 

Nitto's takes precautions - including administrative, technical, and physical measures - to safeguard your information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. However, Nitto cannot guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of the information at any time.

 

Integrity and Retention of Personal Information

 

Nitto retains your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

Children

 

We do not knowingly collect information from children under 13. If we learn that we have collected information from a child under 13 we will take steps to delete this information as soon as possible.

 

Third-Party Sites and Services

 

Nitto's website, products, applications, and services may contain links to third-party websites, products, and services. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. Nitto is not responsible for the privacy policies and/or practices on other websites.

 

Consent to This Privacy Policy

 

By using any of the Services, you signify your assent to this Privacy Policy. If you do not agree with any term in this Privacy Policy, please do not use any of the Services.

 

Amendments

 

Nitto may revise this Privacy Policy at any time without notice to you. Any amendments will be posted at this URL and will be effective when posted. Thus, please check this page periodically.

 

Privacy Questions

 

If you have any questions about these Privacy Policy, please contact Nitto at:

 

Nitto Tires U.S.A. Inc.
5665 Plaza Drive, Suite 250
Cypress, California 90630

 

Effective Date: June 29, 2012

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