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Terms & Conditions of Sale and Legal Fine Print (*,$,§,**, ¶, †)

© 2019 The Goodyear Tire & Rubber Company

* TERMS AND CONDITIONS OF SALE ON WWW.ROLLBYGOODYEAR.COM

THESE TERMS AND CONDITIONS OF SALE (THE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THE GOODYEAR TIRE & RUBBER COMPANY [DBA ROLL BY GOODYEAR OR DBA Roll by Goodyear] ("Goodyear") ON THE WWW.ROLLBYGOODYEAR.COM WEBSITE (THE "Website"). PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THEY ALSO CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

BY CLICKING ON THE "I AGREE BUTTON" OR BY PLACING AN ORDER, YOU ("YOU" AND/OR "CUSTOMER" HEREIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS OF SALE EACH TIME YOU MAKE A PURCHASE.

Products and Services. Goodyear is authorized to sell the products and/or services offered for sale on the Website. Goodyear may discontinue any product and/or service at any time without notice. The prices advertised on the Website for the products and services do not include sales taxes, or additional charges or fees including, but not limited to, disposal fees or state tire fees, in each case if applicable, which will be added to your total invoice price.
Orders. Orders are not binding upon Goodyear until the installation of products and/or provision of services is complete. Acknowledgement of Customer's orders shall be communicated to Customer via electronic mail at the address provided by the Customer. Goodyear reserves the right, without prior notification, to cancel the any order, limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order, or prior to the installation of any products or provision of any services.
Payment. Goodyear accepts valid Goodyear, Visa, MasterCard, American Express and Discover credit cards. Customer's credit card will be charged in full when Customer's order is processed.
Cancellations. Once an order is placed, orders may only be cancelled pursuant to the cancellation process as described on the Website and/or via electronic mail to Customer.
Delivery. Goodyear will endeavor to ship Customer's orders to the selected installation location in accordance with Customer's instructions when Customer's order is processed on the Website. While Goodyear will make every reasonable effort to ship Customer's orders within the selected timeframe and to the selected location, Goodyear is not responsible or liable for any delay in receiving or completing Customer's order for products or services that is caused by an event beyond the Goodyear's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption, or delay of the server or Website caused by an event outside the direct control of the Goodyear, including without limitation, power outages or attacks on the Website such as by persons known as "hackers." Customers may not pick up orders delivered to an installation location -- items must be mounted on the vehicle by the installer, or they will be returned.
Title to Products. Goodyear retains all right, title, and interest in and to the ordered products until the products and/or services have been installed.
Shipping Charges. Goodyear does not charge for shipping. Goodyear reserves the right to change this policy at any time without prior written notice.
Fees for Installation and other Services. Installation prices are included in the product prices listed on the Website and cover most vehicles with standard equipment. Prices for other services are also listed on the Website and cover most vehicles with standard equipment. Customized vehicles may result in additional installation or other service fees at the point of installation. Additional fees may be required at the point of installation of products to accommodate for customized vehicles or to accommodate for pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of sale. You have selected products by either indicating your vehicle make, model, and trim or by indicating no make and model at all. Goodyear cannot be held responsible for tires that are improperly sized or rated for your individual vehicle. In the case of incorrect product selection, the installer may refuse to install products for your safety. In accordance with applicable law, all vehicles manufactured after September 2007 have Tire Pressure Monitoring Systems (“TPMS”). Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires. Goodyear has attempted to include this cost into Customer’s order, however where for any reason this cost has not been included there may be an additional charge at the installer to service TPMS sensors in accordance with applicable law.. In the event that the products purchased through this Website include vehicle suspension lowering products, additional suspension items may be necessary to properly align the vehicle after it has been lowered and may result in additional fees at time of installation. Wheel sizing for products purchased on this Website is based on information provided by the Customer and is based on original equipment manufacturer factory specifications. If your vehicle is highly customized and/or has raised or lowered suspension, Goodyear cannot guarantee fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment. Despite Goodyear’s thorough and conscientious control of all data utilized and gathered to perform the services and provide the products through this Website, Goodyear cannot guarantee the completeness and accuracy of the provided information.
Mobile Van Installation. For orders requesting mobile van installation, Goodyear will endeavor to deliver and install products on Customer’s vehicle at the specified customer installment location in accordance with Customer's order; provided, that specified locations must be suitable for Goodyear to access the vehicle, install the products and provide any other services ordered. Goodyear will determine the suitability of a location in its sole discretion. In all cases specified locations should be on relatively flat ground, in a safe working environment and in an accessible and open space with at least five feet of clearance on each side of the vehicle. Customer is responsible for securing any required permissions for the installer to access and perform work on the vehicle, including, but not limited to, parking garages and gated lots or communities. Customer shall follow all additional mobile van installation requirements described on the Website and/or via electronic mail to Customer. In the event Goodyear determines the Customer’s specified location for installation is not suitable for any reason, Goodyear will propose an alternative location or may reschedule or cancel the order, in each case at its sole discretion. We are not responsible or liable for any fine, cost, or other liability, or any delay or inability in completing Customer's mobile van installation order, that is attributable to any law, ordinance, restriction or requirement that frustrates or prohibits Goodyear’s ability to provide mobile van installation.
Warranties. Goodyear’s standard limited warranties govern all purchases of products and/or services. Those warranties can be found at www.rollbygoodyear.com.
Return/Refund Policy. Customer may cancel an order at any time prior to installation, pursuant to the procedure outlined on the Website and/or in electronic mail to the Customer. Goodyear does not accept returns for products that have been installed, used, mounted, or driven on, except pursuant to any procedure outlined on the Website.
Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, GOODYEAR SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THE WEBSITE, THESE TERMS OF SALE, PRODUCT(S), SERVICES (INCLUDING, BUT NOT LIMITED TO SERVICES RELATED TO INSTALLATION OR VALET), OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GOODYEAR EXCEED THE AMOUNT CUSTOMER HAS PAID TO GOODYEAR FOR THE APPLICABLE ORDER OR PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE PRICES OF PRODUCTS AND SERVICES ADVERTISED ON THE WEBSITE ARE SUBJECT TO CHANGE, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
Severability. If any provision of these Terms of Sale are held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of Ohio, without regard to Ohio’s choice of law provisions, applicable to contracts made and to be enforced wholly within such state.
BINDING ARBITRATION
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY GOODYEAR PRODUCT OR SERVICE OR THESE TERMS OF SALE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF SALE. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms of Sale, these Terms of Sale shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Summit County, Ohio. Ohio state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST GOODYEAR IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Waivers and Amendments. The waiver by either party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed the parties.
Other Terms. The Website Terms of Use, Privacy Policy, Terms of Valet Service, Goodyear’s standard limited warranties for products or services, and all such terms and conditions set forth therein are hereby incorporated into this Agreement by reference.

Goodyear Credit Card

Goodyear Credit Card transactions: the terms of the offer and applicable law governs this transaction including increasing APRs and fees.

Manufacturer Special Policy Adjustment Programs

Federal law requires manufacturers to furnish the National Highway Traffic Safety Administration (N.H.T.S.A.) with bulletins describing any defects in their vehicles. You may obtain copies of these bulletins from either the manufacturer or N.H.T.S.A. In addition, certain consumer publications or organizations publish this information, which may be available for a fee or for free.

ALASKA
Motor vehicle repair trade practices are regulated by Alaska statutes 45.45.130 - 45.45.240, administered by the consumer protection section, Alaska department of law.

COLORADO
Section 25-17-202, Colorado revised statutes, requires retailers to collect a $1.50 waste tire recycling development fee on the sale of each new motor vehicle tire.

MARYLAND

MD Comm L Code § 14-1008 requires automotive repair facilities to notify a customer that while the customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility.

MISSISSIPPI
If applicable, the charge on the invoice for Mississippi Waste Tire Fee is a Reimbursement of the Mississippi Waste Tire Fee.

NEW YORK
If applicable, the charge on the invoice for New York Tire Fee is imposed at the sole discretion of the seller.

NORTH CAROLINA
All parts are new (after-market replacements) unless otherwise specified.

Discount Codes:

Must purchase on RollByGoodyear.com with applicable promotional code to get this offer. Discount does not apply to installation, taxes, or fees where applicable. May be used in combination with Goodyear rebate offer. May not be combined with promotional codes. Limit one redemption per transaction. Cannot be applied to previous purchases. Limited quantities, no rainchecks. All other standard terms and conditions apply. Offer may be modified or cancelled at any time without prior notice.

**Based on internal testing:

Assurance^® Fuel Max^®: 2,600 miles/4,000 kilometers based on a 4% fuel economy improvement, on 65,000 mile/105,000 kilometer Tread Life Limited Warranty, as compared to the standard Goodyear Assurance^®tire tested on P195/65R15 size ‐ 2008 Honda Civic. Actual results may vary based on when tires are replaced, driving and road conditions, and proper tire care maintenance.

Assurance^® MaxLife^™: ^¶30% more miles based on Goodyear Assurance Maxlife 85,000 Mile Tread Life Limited Warranty, as compared to Goodyear Assurance^® All-Season 65,000 Mile Tread Life Limited Warranty.

Assurance^® Comfortred^®: Comparison of industry data for T- and H- speed rated tires vs. Goodyear ComforTred

Assurance^® ComforTred^® Touring: Comparison of industry data for T, H & V speed-rated tires versus Goodyear Assurance ComforTred Touring. Standard Goodyear Internal Ride test-P215/60R16, 2008 Toyota Camry LE V6 railroad track at 35 mph vs. Michelin Primacy MXv4.

Assurance^® ^CS Fuel Max^®: 2,600 miles/4,000 kilometers based on a 4% fuel economy improvement, on 65,000 Mile/105,000 Kilometer Tread Life Limited Warranty, 245/65R17 size as compared to the Goodyear Fortera^® SilentArmor^® tire tested on P245/65R17 size — 2005 Honda Pilot EX. Actual results may vary based on when tires are replaced, driving and road conditions, and proper tire maintenance

Valet Terms of Service

THESE TERMS OF VALET SERVICE GOVERN YOUR USE OF THE ROLL VALET SERVICE OFFERED BY THE GOODYEAR TIRE & RUBBER COMPANY DBA ROLL BY GOODYEAR OR Roll by Goodyear (TOGETHER WITH ITS AFFILIATES, REPRESENTITIVES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUBCONTRACTORS AND DESIGNEES, "GOODYEAR").

PLEASE READ THESE TERMS OF VALET SERVICE CAREFULLY. BY CLICKING ON THE "I AGREE BUTTON" OR BY PLACING AN ORDER, YOU ("YOU" AND/OR "CUSTOMER" HEREIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF VALET SERVICE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF VALET SERVICE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS OF VALET SERVICE EACH TIME YOU USE THE ROLL VALET SERVICE.

Terms of Valet Service

Authorization to Take Possession of Vehicle. Customer authorizes Goodyear to take possession of Customer’s vehicle for the purpose of driving vehicle to and from Goodyear’s designated service center, providing tire and automotive services requested by Customer at such location, and any other use or purpose incidental or reasonably related thereto.
Bailment for Mutual Benefit. The Roll Valet Service is offered by Goodyear for the convenience of the Customer and only for so long as Goodyear is in possession of Customer’s vehicle, possession of which is solely a bailment for mutual benefit. Goodyear’s possession does not begin until Goodyear has accepted the keys from Customer and has driven the vehicle from the pick-up location. Goodyear will thereafter be deemed to be in possession of the vehicle until it has returned the vehicle to drop off location, regardless of whether the Customer is present at the drop off location to accept the vehicle, and any bailment shall cease at that time.
Condition of Vehicle. You agree that you are the lawful owner of the vehicle or are otherwise in lawful possession of such vehicle and are authorized to provide the vehicle to Goodyear. You agree that the vehicle provided to Goodyear is a legally registered and insured vehicle and you represent that there are no outstanding violations of laws that are applicable to the vehicle, and that the vehicle is in good mechanical condition. You represent and warrant that the vehicle is in safe and roadworthy condition, in full compliance with all applicable inspection and registration requirements and does not contain any illegal material or illegal substances.
Start of Valet Service; Vehicle Photographs. Before we agree to take possession of the vehicle, we will inspect the interior and exterior of the vehicle for any visible defects, damages, or excessive soiling. You agree to disclose any known vehicle defects or damages, latent or otherwise. You will allow us to document the condition of the vehicle, including, but not limited to, by taking photographs of the vehicle, before Goodyear takes possession of the vehicle and while Goodyear has possession of the vehicle. Such documentation and/or photographs may be retained by Goodyear indefinitely after possession of the vehicle is returned to you or disposed of at any time at the sole discretion of Goodyear and without notice to you. Goodyear is not responsible for any preexisting vehicle damage or defect.
Fuel in Vehicle. Before we take possession of the vehicle, you agree the vehicle will have sufficient fuel or electric charge for the vehicle to be driven from the pick-up location to the service location (approximately 30 minutes) and then back to the pickup location (approximately another 30 minutes). Goodyear is not responsible for replacing, or reimbursing Customer for, any fuel or electric charge used during the Roll Valet Service.
Items Left in Vehicle. Before we take possession of the vehicle, you are advised to remove all personal items from the vehicle. You assume the risk of loss for all items left in the vehicle. Goodyear is not responsible for loss or damage to any articles, property or items in or on the vehicle, nor shall Goodyear be deemed to have accepted possession or bailment of any such articles, property or items left in the vehicle.
Permissions; Force Majeure. You agree to secure any required permission or consent for Goodyear to access, pick-up and take possession of vehicle, including, but not limited to, access to any secured or gated lots or communities. In the event we determine the Customer’s specified location for pick-up is not suitable for any reason, we will propose an alternative pick-up location. We are not responsible or liable for any Claim (defined below) or delay in completing Customer's order that arises from any local law, ordinance or requirement that frustrates Goodyear’s ability to provide the Roll Valet Services or any event beyond our control. Such events beyond our control may include, but are not limited to: natural disasters or weather related events such as floods, hurricane, tornado, fire, heavy storms, hail, lightning or earthquakes; accidents, traffic, road closures, or weather delays; strike or other labor disturbance, riot, civil commotion; casualty, vandalism or theft; or act of God, war or other hostilities.
Termination of Valet Services. Goodyear reserves the right in its sole discretion to terminate any Valet Service at any time, if Goodyear believes that the Customer and/or Customer’s vehicle is putting Goodyear in any danger of injury, damage or liability, or that the Customer is not in compliance with the Valet Terms of Service. Under such circumstances, Goodyear reserves the right in its sole discretion to return the vehicle to the original pick up point, require the Customer to pick up the vehicle, or drop the vehicle off at any safe location.
Reporting Damage. You agree to inspect your vehicle immediately after it is returned to designated drop off location. Within 24 hours of being notified that the vehicle has been returned, you agree to notify the servicing Goodyear location of any alleged damages of any kind and submit proof of the alleged damages in writing if instructed by Goodyear. You agree that this timely written notice is a condition precedent to any action by you to pursue a claim for such damages against Goodyear. Once Goodyear receives the written notice, you agree to make the vehicle available for further inspection by Goodyear at its request for purposes of addressing or resolving the dispute.
Limitation of Liability. GOODYEAR SHALL NOT BE RESPOSIBLE FOR, AND CUSTOMER AGREES TO RELEASE, WAIVE, INDEMNIFY AND SAVE AND HOLD HARMLESS GOODYEAR FROM, ANY LOSS, LIABILITY, DAMAGE, OR COST (EACH OR COLLECTIVELY, “LOSS”) THAT MAY INCUR IN CONNECTION WITH THE ROLL VALET SERVICE THAT ARISES OR RELATES IN ANY WAY TO ANY OF THE FOLLOWING: THE WILLFUL MISCONDUCT OR ANY ILLEGAL OR NEGLIGENT ACT OR OMMISSION OF CUSTOMER; ANY BREACH BY CUSTOMER OF, OR FAILURE OF CUSTOMER TO FOLLOW, THESE VALET SERVICE TERMS; GOODYEAR’S ADHERENCE TO ANY INSTRUCTIONS PROVIDED BY CUSTOMER RELATING TO PICKING UP OR DROPPING OFF THE VEHICLE; INCLUDING, BUT NOT LIMITED TO, DROPPING OFF VEHICLES AT LOCATIONS DESIGNATED BY CUSTOMER WHERE CUSTOMER IS NOT PRESENT OR ANY PREEXISTING VEHICLE CONDITION, DAMAGE OR DEFECT (REGARDLESS OF WHETHER OR NOT SUCH CONDITION, DAMAGE OR DEFECT WAS KNOWN BY, OR DISCLOSED TO, GOODYEAR). TO THE MAXIMUM EXTENT ALLOWED BY LAW, GOODYEAR SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF VALET SERVICE, PRODUCT(S), SERVICES OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GOODYEAR EXCEED THE AMOUNT CUSTOMER HAS PAID TO GOODYEAR FOR THE APPLICABLE ORDER, SERVICES OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
Severability. If any provision of these Terms of Valet Service are held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Valet Service and the validity of the remainder of these Terms of Valet Service shall not be affected thereby.
Governing Law. These Terms of Valet Service shall be governed by and construed in accordance with the laws of Ohio, without regard to Ohio’s choice of law provisions, applicable to contracts made and to be enforced wholly within such state.
BINDING ARBITRATION. ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY GOODYEAR PRODUCT OR SERVICE OR THESE TERMS OF VALET SERVICE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence or principal place of business to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF VALET SERVICE. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms of Valet Service, these Terms of Valet Service shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Summit County, Ohio. Ohio state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
NO CLASS ACTIONS. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST GOODYEAR IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Waivers and Amendments. The waiver by either party of any provision of these Terms of Valet Service on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Valet Service on any other occasion or upon any other circumstances. These Terms of Valet Service may be waived or amended only in a writing signed the Customer and Goodyear.
Other Terms. The Website Terms of Use, Privacy Policy, Terms and Conditions of Sale, and all such terms and conditions set forth therein are hereby incorporated into these Terms of Valet Service by reference.

PREMIUM 36-MONTH TIRE ROAD HAZARD SERVICE PROGRAM

TO REQUEST ROAD HAZARD BENEFITS, YOU MUST PRESENT YOUR ORIGINAL INVOICE CONTAINING THE DOT NUMBERS AND THE ROAD HAZARD SERVICE PROGRAM REGISTRATION NUMBERS FOR THE TIRES PURCHASED.

This Tire Road Hazard Service Program (“Road Hazard Program” or “Program”) is offered by the selling dealer as part of a service package and is administered by Sonsio Administrative Services, Inc. (“Administrator”), PO Box 17540, Golden, CO 80402. In the State of Ohio, this Road Hazard Program is provided by The Goodyear Tire & Rubber Company and administered by Sonsio Administrative Services, Inc., PO Box 17540, Golden, CO 80402. Any covered obligations or claims under this Road Hazard Program are the responsibility of the provider. This Road Hazard Program will be honored by Goodyear Auto Service, Just Tires and participating Tire & Service Network locations nationwide, subject to the rules and conditions below. This Road Hazard Program is not an insurance contract and is backed by the full faith and credit of The Goodyear Tire & Rubber Company, 200 Innovation Way, Akron OH 44316-0001 (1-800-321-2136). The Seller of this Road Hazard Program is identified by name and address on your original purchase invoice, which is attached to and made a part of this Road Hazard Program.

1.WHO IS ELIGIBLE TO RECEIVE BENEFITS? This Road Hazard Program is extended only to you, the original purchaser, and not to anyone who may purchase your tires or vehicle during the term of this Program. This Road Hazard Program covers only the tires listed on your original invoice and identified by its Department of Transportation (“DOT”) number. You must purchase a Road Hazard Program for each Covered Tire. A unique Road Hazard Program Registration Number (“Road Hazard Registration Number”) is required for each Covered Tire and must be printed on your original invoice.

2.COVERED TIRE: For purposes of this Road Hazard Program, Covered Tire means only the tires that are listed on the original purchase invoice, identified by the brand, type, size and DOT numbers, while on the vehicle as detailed on the original purchase invoice, and while you are the original purchaser. If a Covered Tire is replaced for any reason, the coverage for that tire ceases. A new Road Hazard Program Registration Number may be purchased for the replacement tire.

3.WHAT IS THE TERM OF COVERAGE?This Road Hazard Program extends for a term of 36 months from the Road Hazard Program purchase date on your original invoice, or until any part of the tire tread that comes in contact with the road has a tread depth of 2/32” or less, whichever occurs first (“Coverage Term”).

4.WHAT IS ROAD HAZARD DAMAGE? Road hazard damage is damage that occurs when a tire fails as a result of a puncture, bruise, cut, tear, snag or impact break incurred during the course of normal driving in a legal manner on a road maintained by a state or local authority. Nails, glass and potholes are the most common examples of road hazards.

5.WHAT ARE THE PROGRAM BENEFITS? This Road Hazard Program provides free flat tire repairs and/or tire replacement up to the lesser of the original purchase price of the Covered Tire, the replacement tire cost, or $399.99, per tire per occurrence, as set forth below (collectively the “Benefit Limits”) during the Coverage Term, when a Covered Tire is damaged by a road hazard.

FLAT TIRE REPAIR:If a Covered Tire is damaged due to a road hazard during the Coverage Term and can be repaired safely per the U.S. Tire Manufacturers Association guidelines, the tire will be repaired. The Road Hazard Program will remain in effect for the repaired tire for the remainder of the Coverage Term. Your Covered Tire may be repaired at any participating facility.
TIRE REPLACEMENT: If a Covered Tire is damaged due to a road hazard during the Coverage Term and cannot be safely repaired per U.S. Tire Manufacturers Association guidelines, the tire will be replaced with the exact make/model of tire, if available. If not available, a comparable tire will be installed. When a tire failure occurs during the Coverage Term, the eligible reimbursement amount is 100% of the Benefit Limit. The Covered Tire will be replaced with coverage up to the original selling price of the tire, the replacement tire price or $399.99, whichever is less. YOU WILL BE RESPONSIBLE FOR ANY TAXES, MOUNTING, BALANCING, DISPOSAL, TIRE PRESSURE MONITORING SYSTEM (“TPMS”) CHARGES AND SERVICES OR OTHER FEES ASSOCIATED WITH REPLACING THE TIRE. WHEN A COVERED TIRE IS REPLACED, THE ROAD HAZARD PROGRAM COVERAGE FOR THAT TIRE ENDS.When the tread is worn down to 2/32” (to the tread wear indicators) the Covered Tire is considered worn out and is not eligible for benefits under the Program. IF YOU DESIRE TO INCLUDE THE REPLACEMENT TIRE IN THE PROGRAM, YOU MUST PURCHASE A NEW ROAD HAZARD REGISTRATION NUMBER FOR THE REPLACEMENT TIRE. For example, if the original price of your Covered Tire was $100, and the tire was damaged due to a covered road hazard in the 18th month of ownership, the eligible reimbursement amount is 100% of the Benefit Limit. If the price of the replacement tire was also $100, the Road Hazard Program would cover $100.00. Under no circumstances will 100% coverage exceed $399.99 per Covered Tire.

6.WHERE CAN I OBTAIN SERVICE?Whenever possible, you should return your vehicle to the original facility where you purchased this Road Hazard Program (“Original Facility”). If you are unable to return to the Original Facility, contact the Administrator toll-free at 1-800-445-2146 during normal business hours to receive assistance locating the nearest participating facility. You must obtain prior authorization and a case number from the Administrator to replace an unserviceable tire at a facility other than the Original Facility where you purchased this Road Hazard Program or the claim may be declined. Prior authorization is not required for flat tire repairs.

7.WHAT ARE THE REQUIREMENTS TO BE ELIGIBLE FOR REIMBURSEMENT?Your original purchase invoice must include the following or this Road Hazard Program will be Null and Void: - Original Facility name, address, and phone number.
- Your full name, address, and signature.
- The year, make, model, and mileage of your vehicle.
- The brand, type, size and DOT number of each Covered Tire.
- The Road Hazard Program Registration Number for each Covered Tire.
If your Covered Tire is not repairable you will only pay your portion of the cost for the replacement tire, if any, and any additional charges including, but not limited to, mounting, balancing, valve stem, taxes, disposal, TPMS and miscellaneous fees. If you are not able to return to the Original Facility, and the servicing facility will not accept payment from the Administrator, you must follow the instructions below in Sections 8 and 9, pay for the services you receive, and submit your request for reimbursement to the Administrator. Your request for reimbursement must include a legible copy of your original purchase invoice that clearly shows the information required above, and a legible copy of the signed repair or replacement invoice. Documents may be sent to the Administrator by fax to 1-866-449-3239, by email to tireclaims@sonsio.com, or by postal mail to Road Hazard Program Administrator, P.O. Box 17540, Golden, CO 80402-6024. You must include the claim number provided to you if the tire was replaced.

Under no circumstances will the eligible reimbursement amount exceed the Benefit Limit.
The Program reserves the right to limit reimbursement to the generally accepted retail replacement costs.
If you do not follow the instructions provided, the Program is not obligated to reimburse or pay for the cost of any repairs or replacements.

8.WHAT ARE YOUR RESPONSIBILITIES?Properly care for and maintain your tires, including ensuring tires are operated at proper inflation pressures. Have your tires inspected periodically by a tire care professional. Use all reasonable means to protect your tires from additional damage. When you are not returning to the Original Facility, you must contact the Administrator toll-free at 1-800-445-2146 for prior authorization and a claim number before replacing a damaged tire. Furnish such information as may be required. Incur only expenses which are authorized in advance. Payment of all expenses and costs not covered by this Program. If a tire needs to be replaced and prior authorization cannot be obtained because the damage has occurred outside of the Administrator’s normal business hours, you may elect to wait for authorization or proceed with a tire repair or replacement. In order to be eligible for reimbursement: (1) if replaced, the damaged tire must be retained AND (2) contact the Administrator toll-free at 1-800-445-2146 within two (2) business days. There is no guaranteed eligibility.

9.WHAT YOU MUST DO TO RECEIVE BENEFITS WHEN YOU ARE AT A DIFFERENT FACILITY AND A COVERED TIRE IS DAMAGED:If you have presented a Covered Tire during the Coverage Term, the servicing facility must verify that the damage to the tire is due to a road hazard as defined above. The servicing facility must contact the Administrator toll-free at 1-800-445-2146 for prior authorization and to obtain a claim number (not required for flat tire repair). Prior authorization and a claim number must be obtained before replacing the damaged tire or your claim may be denied. If prior authorization cannot be obtained because the damage has occurred outside of the Administrator’s normal business hours, you may elect to wait for authorization or proceed with a tire repair or replacement. In order to be eligible for reimbursement: (1) if replaced, the damaged tire must be retained AND (2) contact the Administrator toll-free at 1-800-445-2146 within two (2) business days. There is no guaranteed eligibility. You must sign the repair or replacement invoice. You must present your original invoice identifying the tires and showing the purchase of the Road Hazard Program. Your original purchase invoice must include the information listed above in the “What are the Requirements to Be Eligible for Reimbursement” section. Tires that require replacement must be made available for inspection if requested by the Administrator. If the tire is required for inspection, you will be informed during the prior authorization phone call. Tires being replaced must be surrendered to the tire servicing facility or to the inspection center if requested for inspection.

10.EXCLUSIONS: THIS PROGRAM WILL NOT PAY OR REIMBURSE FOR:

Failures to tires occurring when any part of the tire tread that comes in contact with the road has a tread depth of 2/32” (1.6mm) or less.
Repairs or replacements made by anyone other than a licensed service provider, its agents, contractors or licensees.
Any invoice presented for payment of services not performed as described at the time of authorization.
Damage incurred outside the United States and Canada.
Tire repair or replacement if the original invoice does not include: 1) Original Facility name, address, and phone number; 2) your full name, address, and signature; 3) the year, make, model, and mileage of your vehicle; 4) the brand, type, size and DOT number of each Covered Tire; 5) the Road Hazard Program Registration Number for each Covered Tire.
Cosmetic damage, i.e. damage that does not affect the structural integrity or safety of the tire.
Damage caused by mechanical failures (e.g., failed shocks, struts, alignment, balancing) or interference with vehicle components (e.g., fenders, exhaust, springs).
Damage due to misuse, abuse, negligence, improper application, improper towing, improper balancing or alignment, improper inflation, brake lock up, wheel spinning, torque snags, etc.
Damage to tires either in the sidewall or tread area due to dry rot, peeling, or cracking.
Loss, damage or expense as a result of off-road use (off-road use is described as driving on anything that is not a paved or gravel road maintained by a state or local authority).
Loss, damage or expense caused by accidents, collision, theft, larceny, snow chains, explosion, lightning, earthquakes, fire, windstorms, hurricanes, water, floods, malicious mischief, vandalism, civil commotion, riots, war, etc.
Repair or replacement of a tire due to manufacturer recall, defect or warranty or any reason the manufacturer will repair or replace the tire at its expense or at a reduced cost.
Repair or replacement of any tire(s) used or installed on motorcycles, trailers, or on vehicles used for competitive driving or racing, police or emergency service, snow removal, carriage of passengers for hire, commercial towing, construction, or postal service.
Repair or replacement of any tire(s) used or installed on vehicles used for farm, ranch, or agriculture, and vehicles that are registered to or licensed under a farm or ranch.
Repair or replacement of any tire(s) used or installed on vehicles with a load capacity of one-ton or greater designed for, built for or used in a private recreational or commercial application including but not limited to Class A (or Type A) Motor Homes and Class C (or Type C) Motor Homes.
Repair or replacement of any tire(s) used or installed on vehicles with a manufacturer’s load rating capacity greater than one-ton.
Repair or replacement of TPMS and/or devices and components associated with TPMS.
Repair or replacement of tires that have been repaired in a manner other than in accordance with U.S. Tire Manufacturers Association guidelines.
Repair or replacement of tires that have been retreaded, recapped, regrooved, remolded, tubed or physically altered in any way.
Liability for damage to property, injury to or death of any person arising out of the operation, maintenance or use of the vehicle whether or not related to tire damage.
Personal expenses arising because your vehicle is not available for use, including, rental car, storage or freight charges.
CONSEQUENTIAL, INCIDENTAL AND/OR SECONDARY DAMAGES ARE EXCLUDED. This Program gives you specific legal rights; you may have other rights, which vary from state to state. Some states do not allow the exclusion or limitation of consequential or incidental damages, therefore such limitations may not apply to you.
Traffic fines, citations or penalties.
Expenses and costs that you incur as a result of the need to repair or replace a tire.
Coverage excludes the MICHELIN PAX® SYSTEM, PAX® TIRES and tires and wheels of similar construction and purpose.

11.GENERAL:

No express warranty or guarantee is given other than that stated herein. The Program Administrator reserves the right to deny any claim submitted with false or misleading information. The terms and conditions outlined herein are the full and complete agreement between the parties. No oral representations should be relied upon, including any oral statements of the Original Facility or any other tire servicing facility. The Road Hazard Program assumes no obligation or responsibility with regard to the vehicle. The Road Hazard Program neither assumes nor authorizes anyone to assume additional liability on its behalf. If any payment is made under this Road Hazard Program and you have a right to recover against another party, your rights shall become our rights and you shall do whatever is necessary to enable enforcement of these rights.

12.CANCELLATION:If no requests for benefits have been made, you may cancel this Road Hazard Program by returning to the Original Facility and requesting cancellation within thirty (30) days for a full refund of the amount paid for the Road Hazard Program. A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days after your cancellation request. The Road Hazard Program reserves the right to cancel the Road Hazard Program by refunding the original purchase price to the purchaser. If we cancel this Road Hazard Program we will provide a written notice to you at your last known address at least fifteen (15) days prior to cancellation providing the reason for and effective date of cancellation unless cancellation is for nonpayment of the purchase price, a material misrepresentation or omission by you or a substantial breach of your duties under the Program in which case no notice will be provided.

13.TRANSFER:This Program is extended only to you, the original purchaser, and not to anyone who may purchase your vehicle or tires during the term of this Program. Coverage is not transferable to any other vehicle or tires.

14.DISCLAIMER: YOU ARE NOT REQUIRED TO PURCHASE THIS PROGRAM AS A CONDITION TO THE PURCHASE OF ANY PRODUCT OR AS A CONDITION TO THE EXTENSION OF CREDIT. THIS BENEFIT STATEMENT IS NOT FOR USE IN NEW YORK. CUSTOMERS IN NEW YORK MUST REFER TO THE STATE-SPECIFIC BENEFIT STATEMENT

Customer rights:
1. That a customer may request a written estimate for repairs which cost in excess of $50: and may not be charged any amount ten percent in excess of the written estimate without consent.
2. That a customer is entitled to the return of any replaced parts, except when the parts are required to be returned to the manufacturer under a warranty agreement: and
3. That repairs not originally authorized by the customer may not be charged to the customer without the customers consent.

While the customer's motor vehicle is on the premises of the Roll facility, the Roll facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the Roll facility about the extent of its responsibility, including the extend of the insurance coverage of the Roll facility.