License

FIRESTONE LEGENDARY DRIVES
TERMS OF USE

1. Your Acceptance
BY USING AND/OR VISITING THIS FIRESTONE LEGENDARY DRIVES WEBSITE ("Firestone Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF FIRESTONE'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT THE FIRESTONE WEBSITE AND INCORPORATED HEREIN BY REFERENCE. These Terms of Use apply to all users of this Firestone Website, including users who submit photograph content, information, and other materials. If you do not agree to any of these terms, then please do not use this Firestone Website.

2. Firestone Website Use and Restrictions
Firestone hereby grants you permission to use the Firestone Website as set forth in these Terms of Use. Your use of the Firestone Website as permitted is solely for your personal, noncommercial use. You are specifically restricted from copying, modifying or distributing any part of the Firestone Website in any medium. You shall not alter or modify any part of the Firestone Website other than as may be reasonably necessary to use the Firestone Website for its intended purpose.

3. Intellectual Property Rights
The content on the Firestone Website, except all Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Firestone. Content on the Firestone Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Firestone reserves all rights not expressly granted in and to the Firestone Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Firestone Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Firestone Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Firestone Website or the Content therein.

4. Submissions
As used herein, "Submissions" shall mean all data, photographs, text, and all other content submitted by you to the Firestone Website. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Firestone to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Firestone Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Firestone Website and these Terms of Use. By submitting the Submissions to Firestone, you hereby grant Firestone a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Firestone Website and Firestone's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Firestone Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Firestone Website a non-exclusive license to access your Submissions through the Firestone Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Firestone Website and under these Terms of Use.

In connection with Submissions, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Firestone all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Firestone or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; or (e) impersonate another person. Firestone does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Firestone expressly disclaims any and all liability in connection with Submissions. Firestone does not permit copyright infringing activities and infringement of intellectual property rights on its Firestone Website, and Firestone will remove all Content and Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Firestone reserves the right to remove Content and Submissions without prior notice. Firestone will also terminate a User's access to its Firestone Website, if they are determined to be an infringer. Firestone also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Firestone may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

You understand that when using the Firestone Website, you will be exposed to Submissions from a variety of sources, and that Firestone is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Firestone with respect thereto, and agree to indemnify and hold Firestone, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Firestone Website.

5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FIRESTONE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FIRESTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FIRESTONE WEBSITE AND YOUR USE THEREOF. FIRESTONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FIRESTONE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FIRESTONE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF FIRESTONE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR FIRESTONE WEBSITE, (e) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR FIRESTONE WEBSITE BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FIRESTONE WEBSITE

6. Limitation of Liability
IN NO EVENT SHALL FIRESTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRESTONE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. Indemnity.
You agree to defend, indemnify and hold harmless Firestone, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Firestone Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Firestone Website.

8. Ability to Accept Terms of Use
You affirm that you are at least 18 years of age and have full legal authority to assign the intellectual property rights as specified in these Terms of Use to Firestone. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Firestone without restriction.

10. General
You agree that: (i) the Firestone Website shall be deemed solely based in Tennessee; and (ii) the Firestone Website shall be deemed a passive Firestone Website that does not give rise to personal jurisdiction over Firestone, either specific or general, in jurisdictions other than Tennessee. These Terms of Use shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Firestone that arises in whole or in part from the Firestone Website shall be decided exclusively by a court of competent jurisdiction located in Davidson County, Tennessee. These Terms of Use, together with Firestone’s Privacy Notice and any other legal notices published by Firestone on the Firestone Website, shall constitute the entire agreement between you and Firestone concerning the Firestone Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Firestone's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Firestone reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Firestone Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND FIRESTONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FIRESTONE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.