Nitto Dealer Portal

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Terms and Conditions


TERMS OF USE


This website, www.Nitto-DealerPortal.com (the "Website"), provides information about certain products and services offered by Nitto Tire U.S.A. Inc. ("Nitto") to its approved dealers and distributors and their employees. The services offered by Nitto through the Website includes a messaging service, discussion forum, dealer website creation and hosting ("Dealer Website"), as well as other features, content, and/or applications offered from time to time by Nitto (collectively, and with the Website, the "Services").

PLEASE READ CAREFULLY. This Terms of Use Agreement (this "Agreement") sets forth the legally binding terms for your use of the Services. By clicking the "Accept" button for this Agreement or using the Services, you agree to be bound by this Agreement, whether you are simply browsing this Website or a registered user of the Website. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to use the Services, you must read this Agreement and indicate your acceptance by clicking the "Accept" button for this Agreement.

In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Nitto may modify this Agreement from time to time and such modification shall be effective upon posting by Nitto on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on your Dealer Website or provide to other users. Your Dealer Website must not display any of the following items: telephone numbers, street addresses, last names, profanity, or any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Nitto assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Nitto at the contact information set forth below.

Nitto reserves the right, in its sole discretion and without liability, to: (i) reject, refuse to post or remove any content posted by you anywhere on the Website; (ii) restrict, suspend, or terminate your access or use of the Services; and/or (iii) remove your Dealer Website and any or all content contained therein, at any time, for any or no reason, with or without prior notice.

Eligibility. Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will update such information as needed; (c) you are 18 years of age or older and (d) to the best of your knowledge, your use of the Services does not violate any applicable laws or regulations.

Access and use of the Services is restricted to approved Nitto dealers and distributors ("Dealer User") and their employees. Your access and use of the Services may be terminated without notice if your status with Nitto or employment status changes. If you are a Nitto dealer or distributors may register for only one account, and accounts may not be shared among multiple dealers and distributors. If you are an employee of a Dealer User, you must register for an individual account under your employer's account.

Term. The terms and conditions set forth in this Agreement shall govern your access and use of the Services. You may terminate your access and use of the Services at any time by following the procedure provided on the Website. Nitto may terminate your access and use of the Services (including all Dealer Websites contained therein) at any time, without warning. In the event your access and use of the Service is terminated, this Agreement will remain in effect.

Password. When you sign up, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to share your password with any other persons. You agree to notify Nitto immediately if you suspect any unauthorized use of your account or access to your password. You are responsible for any and all use of your account.

Use of Services. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Nitto or in the ordinary course of your business. Illegal and/or unauthorized use of the Services, including, without limitation, collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

User Content. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Services, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on or through the Services that you did not create or that you do not have permission to post. You understand and agree that Nitto may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Nitto violates this Agreement, or that might be offensive, illegal, or violate the rights of, harm, or threaten the safety of users or others. Nitto assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If at any time Nitto chooses, in its sole discretion, to monitor the Services, Nitto nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content except as required by applicable law, and no responsibility for the conduct of the user submitting any such User Content.

Nitto does not endorse and has no control over User Content. User Content is not necessarily reviewed by Nitto prior to posting and does not necessarily reflect the opinions or policies of Nitto. Nitto makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other users.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on your Dealer Website or the Website. Nitto will not be responsible or liable for any lost User Content resulting from (i) removal of User Content by Nitto pursuant to the terms of this Agreement; (ii) the termination of the Website, the Dealer Website or other Services; or (iii) any hardware, software or other technical failure.

When you post User Content on or through the Services, you (i) authorize and direct Nitto to make such copies thereof as Nitto deems necessary in order to facilitate posting and storage and (ii) grant Nitto an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to the User Content in order to facilitate your use of the Services.

You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through the Services.

If you are a copyright owner and you believe your copyrighted material has been used in any way that constitutes copyright infringement, please see Nitto's DMCA Notice Policy.

The Services Contain Nitto Content. All content, excluding the User Content, used on or through the Website or Services ("Nitto Content") is protected by copyright, trademark, patent, trade secret and/or other laws, and Nitto and its licensors own and retain all rights in the Nitto Content, the Website and the Services. Nitto hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Nitto Content (excluding any software code) solely for your use in connection with viewing the Website and using the Services. Except for your own User Content, you may not (i) upload or publish Nitto Content, including without limitation on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation; (ii) not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, create derivative works of or sell any Nitto Content appearing on or through the Services, and (iii) use any of the Nitto Content for any other purpose.

Prohibited User Content and Prohibit User Activities. The following is a partial list of the kind of User Content that is illegal or prohibited to post on or through the Services. Nitto reserves the right to investigate and take appropriate legal action against anyone who, in Nitto's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the access and use of the Services to such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Nitto:
  • Any social security numbers or other identifying numbers and any credit card information;
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or other offensive subject matter or contains a link to an adult website or other inappropriate website;
  • solicits personal information from anyone under 18;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted or patented work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes (except for commercial activities in the normal course of user's business); and/or
  • includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activities that are illegal or prohibited on the Website and the Services. Nitto reserves the right to investigate and take appropriate legal action against anyone who, in Nitto's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activities include, but are not limited to:
  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright, trademark or patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any users to buy or sell any products or services through the Services;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • attempting to impersonate another user or person;
  • using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your Dealer Website or account;
  • using any information obtained from the Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your Dealer Website, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person; and/or
  • using the Services in a manner inconsistent with any and all applicable laws and regulations, including (without limitation) the promotion of giveaways, sweepstakes and contests.
Third Party Websites and Content. The Website may contain (or you may be sent through the Website) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Nitto, and Nitto is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. If you decide to leave the Website and access the Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Nitto to terminate a user's privileges when such user infringes the copyright rights of others upon receipt of proper notification to Nitto by the copyright owner or the copyright owner's legal agent.

Disputes. You are solely responsible for your interactions with other users of the Services. Nitto reserves the right, but has no obligation, to monitor disputes between you and other users.

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

DISCLAIMER. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" OR "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 WEBSITE OR THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE.

LIMITATION OF LIABILITY. YOU AGREE THAT NITTO, ITS PARENT ENTITIES, ITS SUBSIDIARY ENTITIES AND ITS AFFILIATED ENTITIES AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR DAMAGE RELATING TO OR ARISING FROM THE OPERATION, CONTENT OR USE OF THE WEBSITE AND THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

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, attorneys' fees and litigation expenses) relating to or arising from: the Website; the Services; your use of the Website and/or the Services; your User Content; your fraud, violation of law, or willful misconduct; and any breach by you of this Agreement.

Miscellaneous. This Agreement 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 this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any questions about this Agreement, please contact Nitto at:

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


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


PRIVACY POLICY


Your privacy is important to Nitto. So Nitto has developed a Privacy Policy that covers how Nitto collects, uses, discloses, transfers, and stores your information. Please take a moment to familiarize yourself with Nitto's privacy practices and let us know if you have any questions.

Collection and Use of Personal Information. Personal information is data that can be used to uniquely identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with Nitto or a Nitto affiliated company. Nitto and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, promotions and advertising.

What Personal Information Nitto Collects. When you: register with the Nitto website; enter into any sweepstake, contest or other promotion; participate in an online survey; or in such other manner as you may interact with Nitto, Nitto may collect a variety of information, including, but not limited to, your name, mailing address, phone number, email address and contact preferences.

How Nitto Uses Your Personal Information. The personal information Nitto collects allows us to keep you posted on Nitto's latest product announcements, updates, and upcoming events. It also helps Nitto improve our products, services, content, promotions and advertising. Nitto also use personal information to help develop, deliver, and improve Nitto's products, services, content, promotions and advertising. From time to time, Nitto may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Nitto's products, services, and customer communications. If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer of those programs.

Cookies and Other Technologies. Nitto's website, online services, interactive applications, email messages, and advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. Nitto and our partners use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Nitto more convenient and personal. Knowing your contact information and information about your computer or device helps us personalize your operating system, and provide you with better customer service.

If you want to disable cookies and you're using the Safari web browser, go to Safari preferences and then to the Security pane to disable cookies. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Nitto website will not be available once cookies are disabled.

As is true of most websites, Nitto gathers some information automatically and stores it in log files. 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 uses this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Nitto may use this information in our marketing and advertising services.

In some of our email messages, we use a "click-through URL" linked to content on the Nitto website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track 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.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. Nitto may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties. At times Nitto may make certain personal information available to strategic partners that work with Nitto to provide products and services, or that help Nitto market to customers. Personal information will only be shared by Nitto to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

Service Providers. Nitto shares personal information with companies who provide services such as information processing, fulfilling orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information.

Others. It may be necessary - by law, legal process, litigation, and/or requests from governmental authorities - for Nitto to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information. Nitto's takes precautions - including administrative, technical, and physical measures - to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. When you use some Nitto products, services, or applications or post on a Nitto forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information. Nitto retains your personal 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 personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the 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.

Consent to This Privacy Policy. By using the Nitto website, you signify your assent to this Privacy Policy. If you do not agree with any term in this Policy, please do not use this site or submit any personally identifiable information.

Amendments. This Privacy Policy became effective on January 23, 2012. 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 or concerns about Nitto's Privacy Policy, please contact us. Nitto may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

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


REWARDS PROGRAM


TERMS AND CONDITIONS


Nitto Tire Rewards Program (the "Program") is a loyalty program sponsored by Nitto Tire U.S.A. Inc. ("Nitto") through which Nitto approved dealers and distributors and their employees can earn points by participating in and using the services offered on the Nitto portal at www.Nitto-DealerPortal.com (the "Website"). These points maybe redeemed for items listed on the Website, subject to the terms and conditions set forth in these Terms and Conditions (this "Agreement").

PLEASE READ CAREFULLY. By reviewing this "Agreement and clicking "Accept" on the registration page you agree to be bound by this Agreement. This Agreement sets forth the legally binding terms for your participation in the Program. You are only permitted to participate in the Program if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should not participate in the Program. If you wish to participate in the Program, you must read this Agreement and indicate your acceptance by clicking the "Accept" button for this Agreement.

Eligibility. The Program is open only to Nitto approved dealers and distributors ("Nitto Dealer") and their employees who register on the Website. The Program is void where prohibited by law.

Enrolling in the Program. You may enroll in the Program by registering at the Website. If you are an employee of a Nitto Dealer, you will be required to open an individual account under your employer's account. Once you register at the Website, you will be enrolled in the Program. The number of points collected will be recorded and tracked in your account by Nitto's Program administrator, Cie Studios, Inc. ("Program Administrator"). Limit one (1) account per Nitto Dealer and one (1) individual account per Nitto Dealer employee.

Collecting Points. Collect points by using certain of the services offered on the Website ("Services"). The Services along with their associated point values are listed on the Website and updated from time to time. Depending on the Services completed, points will either be credited to the Nitto Dealer account or the employee's individual account, but not both. Nitto reserves the right to change the number of points awarded for Services at any time during the Program at its sole discretion. If you believe that points were not properly posted to your account, please notify the Program Administrator at support@nitto-dealerportal.com.

You may not purchase or otherwise acquire points from other participants in the Program. Any attempt to combine, transfer or assign points or breach of any other provision of this Agreement will result in disqualification from the Program and forfeiture of all points in your account. Nitto reserves the right to take any action it deems appropriate in its sole discretion in the event that Nitto believes that you have violated any of these provisions.

Nitto reserves the right to reverse points, in its sole discretion, previously credited to your account, if Nitto (i) uncovers an incorrect or improper posting of points to your account; (ii) finds that the points were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program; (iii) finds that you are in breach of any provision in this Agreement or the Website's Terms of Use; or (iii) is unable to verify completion of the Service necessary to earn such points.

Nitto reserves the right to change, add, or remove the methods by which you can collect points at any time and in its sole discretion. You are responsible for the payment of all federal, state and local taxes which may result from the Reward(s) (as defined below) received as part of the Program. The Points do not constitute property and may be revoked at any time by Nitto as set forth herein.

Redeeming Points. Follow the instructions on the Website to redeem your points for the items listed on the Website ("Rewards"). The Website will list the point value required to redeem each Reward. Nitto will periodically modify the Rewards available and reserves the right to modify the point values of the Rewards, at any time for any reason. All redemptions are subject to this Agreement and all limitations or requirements stated on the Website. All Rewards are available while supplies last. All point redemptions for Rewards are final. Refunds and exchanges are not permitted. Any issues regarding a Reward is governed by the vendor's terms and conditions applicable to the Reward and are not the responsibility of Nitto.

You are responsible for ensuring the accuracy of your account and you are encouraged to check your account regularly. You are responsible for ensuring the mailing address and other contact information associated with your account is accurate and up to date. Nitto is not responsible for non-receipt of a Reward shipped or emailed to the mailing address or email address, respectively, associated with your account. Changes to accounts or account information may only be made by the account owner.

Modifications and Termination of the Program. Nitto reserves the right to modify any of the terms and conditions set forth in this Agreement - including, but not limited to, methods by which you can collect points, the Rewards, the number of points necessary to redeem any Reward, and the Services which you may collect points, the number of points awarded for the Services completed - at any time, without notice, even though these changes may affect the value of the points you have already accumulated and/or your ability to accrue or use your points.

Nitto reserves the right to terminate or temporarily suspend the Program at any time, for any reason, without notice, even though termination may affect your ability to accrue or use your points. In the event of termination or suspension of the Program, you will have 15 days from the date Program termination or suspension is announced to redeem your points. After such time any remaining points will be forfeited without compensation.

Your continued participation in the Program constitutes your acceptance of any changes to the terms and conditions set forth in this Agreement. You are responsible for remaining knowledgeable as to any changes that Nitto may make to this Agreement. The most current version of this Agreement will be available at the Website and will supersede all previous versions of this Agreement.

General Terms and Conditions. Nitto reserves the right to discontinue your participation privileges for any reason in its sole discretion, including, without limitation, engaging in any fraudulent activity or in any manner inconsistent with (i) this Agreement, (ii) the terms and conditions of the Website or (iii) any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges will result in the loss of all accumulated points without compensation. In addition to discontinuance of participation privileges, Nitto shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Upon your voluntary termination from the Program, any remaining points in your account after the date of termination will be forfeited without compensation.

Limitation of Liability. Nitto is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF NITTO, PROGRAM ADMINISTRATOR OR THEIR RESPECTIVE RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND RESPECTIVE AGENTS (COLLECTIVELY, "RELEASEES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR REWARDS (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS/SERVICES ULTIMATELY ACQUIRED VIA THE REWARDS) ACQUIRED/OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NITTO IMPROPERLY DENIES YOU ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASED PARTRIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REWARDS AND/OR PRODUCTS/SERVICES ULTIMATELY OBTAINED VIA THE REWARDS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. You agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this program.

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 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, attorneys' fees and litigation expenses) relating to or arising from: your participation in the Program; the receipt or use or misuse of any Reward (including, without limitation, any product/service ultimately acquired via the Reward); and any breach by you of this Agreement.

Privacy. The information provided by you is governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

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

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

If you have any questions about this Agreement, please contact Nitto at:

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


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
©2017 Nitto Tire U.S.A. Inc.