TERMS AND CONDITIONS OF USE
This website (the ‘Website’) is an on-line information and communications service provided by PROMETEON TYRE GROUP S.r.l. (‘Prometeon’). By using this site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to them do not use the site or download any materials from it.
The Website and its features, functionality, contents, and pages are owned by Prometeon, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights reserved. These terms and conditions permit you to use the Website for your personal, non-commercial use only. Part or all of the contents of the Website pages cannot be copied, reproduced, transferred, uploaded, published or distributed in any way without Prometeon's prior written permission, except that Prometeon consents to you storing on your computer or printing copies of extracts from these pages for your personal use only. Unless otherwise indicated, the trademarks and the logos displayed on the Website are the property of Prometeon, its affiliates and/or their licensors. You must not use such marks without the prior written consent of the respective owners. The names, logos or any trademark showed in the Website cannot be incorporated into an Internet Address without the prior written consent of the relevant owners.
The information on the Website is provided in good faith and Prometeon believes it to be accurate. However, a party wishing to purchase goods should not rely on it and should make specific enquiry concerning the nature of the goods and their suitability for the use to which they will be put. Your use of the website, its content and services is at your own risk. The website, its content and services are provided on an “as is” and “as available” basis. Accordingly, all information on the Website is supplied without any express representation, warranty, condition or other term as to the quality of any specified goods, their suitability for any particular purpose or non-infringement of any intellectual property rights, and all implied warranties, conditions or terms of the same kind, statutory or otherwise, are hereby expressly excluded, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. Without limiting the foregoing, neither Prometreon nor anyone associated with Prometreon represents or warrants that the Website, its content, goods, or any services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services will otherwise meet your needs or expectations.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or goods obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY REGARDING USE OF WEBSITE
Prometeon and its affiliates or their licensors, service providers, employees, agents, officers or directors will not under any circumstances be liable for any damages of any kind, under any legal theory, loss of income, revenue, profit, business, data, use, contracts or goodwill or any indirect or financial loss suffered by a party, whether arising in contract, negligence or otherwise, including any direct, indirect, special, incidental, consequential or punitive damages, even if foreseeable. You hereby agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. The information on the Website may include technical inaccuracies or typographical errors. Information may be changed or updated without notice. Prometeon may also make improvements and/or changes in the products described in the Website without notice.
Prometeon assumes no responsibility for material created or published by third parties that the Website pages have a link to. If you decide to visit any linked site you do so at your own risk and it is your responsibility to take all measures against viruses or other destructive elements. Links do not imply that Prometeon sponsors or is affiliated with any entity whose products for services are described thereon.
INFORMATION FROM YOU
Any materials sent to Prometeon, for example by e-mail or via World Wide Web pages, shall be deemed not confidential. Prometeon shall have no obligation of any kind with respect to such materials and Prometeon shall be free to reproduce, use, disclose, display, transform, create derivative works and distribute the materials to others without limitation. Furthermore, Prometeon shall be free to use any ideas, concepts, know-how or techniques contained in such materials for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products incorporating such materials. You warrant that such materials are fit to publication and you agree to indemnify Prometeon if any third party takes action against Prometeon in relation to such materials.
You agree not to: (i) access or use the Website in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website; (v) use robots or scripts with the Website; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Prometeon; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses or is listed on the Website; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
ACCURACY OF INFORMATION
Although Prometeon attempts to ensure the integrity and accurateness of the Website, product and dealer descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, product and dealer descriptions and other content on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Prometreon so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, Prometreon shall have no responsibility or liability for information or content posted to the Site from any non-Prometreon affiliated third party.
LAW AND JURISDICTION
You and Prometreon agree that any dispute, claim or controversy arising from or relating to these terms and conditions and activities covered thereto shall be instituted exclusively in the Court of Milan, Italy, and shall be governed by and construed in accordance with the Italian laws, without giving effect to any choice or conflict of law provision or rule. To the extent this provision is held by a court or other tribunal of competent jurisdiction in the United States to be invalid, illegal or unenforceable for any reason, then the suit, action or proceeding shall be determined in accordance with the laws of the State of Georgia with exclusive jurisdiction and venue for any claims will in state or federal courts located in and for Rome, GA. Prometeon nonetheless reserves the right to take legal proceedings in country other than Italy, to protect its interests or to enforce its rights whenever it deems it appropriate to do so.
Prometeon reserves the right to modify these terms and conditions at any time, effective upon posting. Any use of this Website after such changes will be deemed an acceptance of those changes. You agree to review these terms and conditions each time you access this Website so that you may be aware of any changes to these terms and conditions. In the event that any of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect. These terms and conditions constitute the entire agreement between Prometeon and you pertaining to the subject matter hereof.