End User License Agreement (EULA)

Effective Date: October 5th, 2022

Version 2.0

Hello, and welcome to AndGo! We’re happy you’re here. To get started, please read and accept our End User License Agreement.

This End User License Agreement (“Agreement”) is by and between The Goodyear Tire & Rubber Company, and its affiliates or subsidiaries, (collectively, “Goodyear”, or “we”,) and you, the commercial entity (“Customer”, “you” or “your”) wishing to license the AndGo Service (as defined below). Henceforth, each shall be “Party” or together, “the Parties”.

This is a legally binding Agreement between you and Goodyear which will become effective upon your acceptance of this Agreement by clicking the “Accept” button and is inclusive of any order form and our Privacy Policy.

Please read this Agreement carefully. It contains important information about your rights and obligations while using the Service as well as limitations and exclusions that may apply to you.

If you are unwilling to agree with this Agreement, do not access or use the AndGo Service.

1. Definitions:

“AndGo Service” or “Service” means collectively, (a) the website www.andgonow.com and www.andgoservice.com (“Site(s)”), which may be updated from time to time, (b) the mobile application (“App”), which may be updated from time to time, (c) all services provided to you (including any API access) through a Site; (d) any associated documentation, Data extracts or user guides relating to the service, (e) any other software or technology provided to you by Goodyear under this Agreement, and (f) any Data. The Service specifically excludes the Work by a Provider.

“API” means application programming interface.

“Claims” means any accrual of any cause of action, any demand for the payment of money or other compensation, actual or alleged lawsuits, administrative claims, regulatory actions, and any other proceedings or efforts to recover for personal injury or death, property damage, economic losses, or other Losses.

“Customer Data” means data and information that Customer uploads, inputs, or otherwise enters into the Service. Customer Data may include personal information that a Customer has the right to enter.

“Data” means all information or data that is stored, processed, or generated in or through the Service and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear on the Sites. Data may be provided from third parties. Data is exclusive of Customer Data.

“Law” means all applicable laws, ordinances, regulations, government authorizations, and orders.

“Loss” means any expense, judgment, damages, loss, cost, or consequences of whatever nature, including attorneys’ fees.

“Provider” means the party (who may be an independent third party or a Goodyear service provider) who is selected to provide Work based on preferences set by customer.

“Sell” shall mean sharing, renting, reselling, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, information to a third party for monetary or other valuable consideration.

“User” means an employee, contractor, or other individual who is authorized by Customer to use the Service on Customer’s behalf and to whom Customer (or, when applicable, Goodyear, at Customer’s request) has provided a user identification and password (for Service access).

“Work” any maintenance, repair or other services for which Customer schedules using the Service, and elects to receive from a Provider.

2. AndGo Service Account and Eligibility.

2.1 The AndGo Service is only available to commercial business customers and not available for personal use. If you are entering into this Agreement on behalf of an entity, then (a) “you” includes you, the entity, and any Users; and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to this Agreement, and you agree to these terms on the entity’s behalf.

2.2 To use the AndGo Service you must reside in a country or territory where the Service is made available (the “Territory”), be at least the age of majority in your place of residence, and have the ability to enter into a binding agreement with Goodyear. You must provide your full legal name, the legal name of your business and other information requested in order to complete the sign-up process.

2.3 You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or mobile device. You are solely responsible for all activities that occur under your account, including unauthorized activity. Any action or inaction by a User that would be a breach of this Agreement, shall be deemed a breach of this Agreement by Customer. You agree to notify Goodyear immediately of any unauthorized use of your account or password.

2.4 All Work resulting from use of the Service is between you and the Provider performing the Work. You may be subject to or required to consent to other terms, conditions, documentation, laws, and other requirements of the Provider for the provision of Work.

3. Limited License/Permitted Use.

3.1 Internal Use. Commencing on the date that we make the AndGo Service available to you (“Effective Date”), and subject to your compliance with Agreement, Goodyear hereby grants to you, in the Territory, during the Term, a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service (including but not limited to any Data) exclusively for your internal business purposes. Customer acknowledges that to provide a robust Service to Customer, Goodyear may have to combine Customer Data with other Data. The combination of Customer Data with Data does not transfer ownership of either set of data.

3.2 In the event that Goodyear notifies Customer that certain Data may no longer be used under this Agreement, Customer will immediately cease using all such Data and delete any copies of such Data that Customer has stored for their internal business purposes. If requested by Goodyear, Customer shall confirm deletion and discontinuance of use of such Data in writing and Provider shall be authorized to provide a copy of such confirmation to any applicable third party claimant or governmental authority.

3.3 At all times, Customer shall not:

· further Sell the Services;

· use the Service for any fraudulent, unlawful, or abusive purpose, or in any way that damages the Service or that interferes with the proper functioning or others’ use of the AndGo Service, or violates any other person’s rights;

· use any data mining, robots, or similar automated tools for data gathering, extraction, or accessing the AndGo Service, create a database, download, or store Data other than as licensed above, through the Service, link or frame the Service, extract, or derive any source code or structure of any part of the Service, or introducing malicious code into, or provide unauthorized access to the Service;

· alter, change, or remove from the AndGo Service any identification, including copyright and trademark notices, and shall include these markings on any copies;

· include in Customer Data any data that is otherwise protected under a special legislation and/or requires a unique treatment;

· Schedule or attempt to schedule excessive Work requests from Providers.

4. Provider Work.

4.1 Provider Access. The AndGo Service will facilitate your access to Providers and Work. Any and all such Work from Providers is subject to their availability and capacity. Goodyear cannot guarantee Provider capacity or availability.

4.2 Provider Pricing. The prices and rates reflected in the AndGo Service are submitted from the Provider of the Work. Rates reflected in the AndGo Service generally match those at the Provider location but may vary. It is your responsibility to make sure the service cost is acceptable prior to completion of the service. Rates reflected may not include taxes or other additional charges or fees including, but not limited to disposal fees.

4.3 Notwithstanding any other provision of these Terms, in no event shall AndGo be responsible or have any liability for any interaction between the Customer, and/or the Provider. Customer agrees to indemnify, defend and hold AndGo harmless from any and all claims arising from such interaction.

5. Term.

5.1 Term. This Agreement commences on the Effective Date and will continue for the period ending on the last day of the month in which you enrolled (“Initial Term”).

5.2 Automatic Renewal. After the Initial Term, this Agreement is subject to automatic renewals, for successive one (1) month terms, each a “Renewal Term”, until either Party terminates in accordance with this Agreement. The Initial Term plus all Renewal Term(s) shall be referred to as the “Term” of the Agreement.

6. Pricing and Payment

6.1 Subscription Pricing. The AndGo Service is made available to you on monthly per vehicle subscription basis, as described herein (“Subscription Fee”). Customer shall pay Goodyear the Subscription Fee in advance of each month, in accordance with the applicable order form or as published in the AndGo Services. Subscription Fees may be prorated and invoiced based on Customer’s election to add additional vehicles mid Term. Goodyear reserves the right to change Subscription Fees set forth above with reasonable notice to Customer, which shall be effective upon the next Renewal Term.

6.2 Taxes. All applicable transaction taxes, including sales and use taxes, value added taxes, transactional gross receipts taxes, and other transactional charges such as duties, customs, tariffs, imposts, and government-imposed surcharges, (“Transaction Taxes”) will be paid by Customer, and are not included in AndGo Service pricing. If Goodyear is required to collect Transaction Taxes from Customer and remit them to a taxing authority, Goodyear will separately state the Transaction Taxes on an invoice to be paid by Customer in accordance with Payment Terms set forth herein. Each Party is responsible for its own income taxes or taxes based on gross revenues or gross receipts. If Customer provides an appropriate exemption certificate or direct pay permit, which meets the requirements of Goodyear’s billing policies, Goodyear will not, from and after the date on which it has received such certificate and confirmed its satisfaction therewith, bill or collect such Tax with respect to transactions of the AndGo Service.

6.3 Payment. Accounts not paid on time are subject, at the discretion of Goodyear, to a late payment charge of 1.5% per month or the highest rate permitted by Law (if less), calculated daily and compounded monthly. In addition, Customer shall reimburse Goodyear for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. Payment may be made by valid Visa, MasterCard, American Express, and Discover credit cards and ACH. Customer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Goodyear, whether relating to an alleged breach by Goodyear of this Agreement or otherwise.

7. Cancellation/ Termination/ Suspension of Service

7.1 Either Party may terminate this Agreement by providing the other Party thirty (30) days written notice. The date the Agreement terminates will be considered the “Termination Date”.

7.2 In addition to all other remedies available at Law and under these Terms , and expressly in lieu of the 30 day notice requirement of Section 6.1, Goodyear may terminate this Agreement with immediate effect upon written notice and have no further obligation to provide any Service hereunder if Customer: (a) fails to pay any amount when due; (b) has not otherwise performed or complied with these Terms; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors; each a “Breach Event”. In the event that Goodyear determines that a Breach Event has occurred, Goodyear shall have the right, in addition to any other of its rights and remedies available under this Agreement or by Law, to suspend delivery of the Service and Customer’s access to the Service. At Goodyear’s discretion, Customer’s access to the Service may be restored upon Customer’s remedy of such Breach Event.

7.3 Customer has the right to unenroll specific vehicles from their current subscription Service or modify the service that a specific vehicle is eligible for at any time during the Term by notifying us via email at billing@AndGoNow.com of the applicable vehicle ID. Provided that Customer has provided notification of such change prior to the end of the current subscription month, Goodyear will adjust the next Customer invoice to reflect the change for the following Renewal Term. Any prepaid Subscription Fees are non-refundable.

7.4 Customer has the right to cancel requests for Work, without penalty, up to two (2) hours before the scheduled time for the delivery of the applicable Work.

8. Effects of Agreement Termination. Upon the Termination Date of this Agreement, Customer may no longer access and use the AndGo Service. The Parties’ rights and obligations which would naturally survive termination, and the rights and obligations which are explicitly stated to survive termination will survive termination of this Agreement.

9. AndGo Service and Agreement modification.

9.1 We may add new services to the AndGo Service (which may be subject to additional subscription fees), or discontinue the Service, or any portion thereof, or the provision of the Service at any time, without notice.

9.2 Goodyear reserves the right to change or modify this Agreement, or any associated policy or guideline, at any time and in its sole discretion. Certain modifications will be required to have immediate effect, other modifications will be effective upon your next Renewal Term. Goodyear will endeavor to provide notice if the modification will have immediate effect. You waive any right you may have to receive specific notice of such modifications. Your continued use of the Service will confirm your acceptance of such modifications; therefore, you should frequently review this Agreement and applicable policies. If you do not agree to the amended terms, you must stop accessing and using the Service.

10. Privacy. You confirm that you have read our Privacy Policy, the terms of which are expressly incorporated into this Agreement. You consent to the use of your personal information (including cookies) in accordance with the terms of and for the purposes set forth in our Privacy Policy. Please visit the Privacy Policy by clicking on this link

11. Goodyear Intellectual Property. The Service is licensed, not sold, and Customer acknowledges as between the Parties, Goodyear owns and retains all right, title and interest, including all intellectual property rights, to and in the Service. You agree not to dispute our claims of ownership or validity of our rights in the AndGo Service.

You are prohibited from Selling, reproducing, reverse engineering, transmitting, disassembling, distributing, displaying, preforming, transmitting, broadcasting, modifying, or creating derivative works with respect to any portion of the Service.

12. Customer Data.

12.1 Use of Customer Data.

12.1.1 Customer grants Goodyear, and any applicable service providers, a worldwide, limited-term license to collect, host, copy, use, retain, transmit, and display Customer Data as appropriate to (a) provide and ensure proper operation of the Service and associated systems in accordance and (b) to monitor Customer’s use of the Service with this Agreement.

12.1.2 Customer Data may be stored or processed, on servers globally and may be accessible by Goodyear, and each of its service providers, globally. Customer Data may be transmitted outside of Goodyear’s systems by Goodyear and its service providers.

12.1.3 Customer further acknowledges and agrees that subject only to Goodyear’s privacy policy and applicable Law, Goodyear may use and disclose Customer Data, during the Term and thereafter, for any purpose, including but not limited to, improving, researching, developing, and providing products and services, and may also disclose all such data to third parties, including to Providers, as part of a product or service. If Data contains personal information traceable to Customer, then Goodyear agrees to abide by applicable data protection regulations.

12.2 Consents, Permissions, and Notices. As applicable, Customer consents, or shall obtain all required consents, permissions and provide all required notices (including to any employee, contractor, or customer of Customer) prior to inputting or using Customer Data with the Service. Customer acknowledges that the Customer Data may contain personal information. In the event that consent or Law prohibits Goodyear from accessing or using Customer Data, Goodyear is under no obligation to provide the AndGo Service to Customer.

12.3 Protection of Customer Data. Goodyear and Customer will each maintain commercially appropriate administrative, physical, and technical safeguards in accordance with applicable Laws and industry standards for protection of the security, and integrity of Customer Data.

12.4 Removal of Customer Data from Service. If Customer receives notice, including from Goodyear, that any Customer Data may no longer be used or must be removed, modified, and/or disabled from the AndGo Service to avoid violating applicable Law or third party rights, Customer will immediately do so. If requested by Goodyear, Customer shall confirm deletion and discontinuance of use of such Customer Data in writing and Provider shall be authorized to provide a copy of such confirmation to any applicable third party claimant or governmental authority. In addition, if Goodyear is required by any third party rights holder to remove Customer Data, or receives information that Customer Data provided by Customer may violate applicable Law or third party rights, Goodyear may discontinue Customer’s access to such Customer Data through the Service.

12.5 Responsibility for Exporting/Downloading Customer Data. If the feature is available, Customer is solely responsible for exporting, requesting an export, or downloading Customer Data from the Service prior to termination of Customer’s access to the Service for any reason, provided that if Goodyear terminates this Agreement for a reason other than a Breach Event, Goodyear will endeavor to provide Customer prior notice of termination to enable Customer, at Customer’s option, to export or download Customer Data from the Service prior to termination. Upon expiration or termination of this Agreement, Goodyear will have no obligation to maintain any Customer Data including making the Customer Data accessible to Customer.

13. Documentation. Customer agrees to provide documentation and artifacts, as well as take any other steps, as may be required by Law, sufficient (as determined in Goodyear’s discretion) to support verification of Customer’s compliance with this Agreement. Customer shall keep all documents and data relevant thereto for at least 2 years following the termination of this Agreement. Goodyear may make copies of or inspect these materials upon written notice to Customer.

14. Designated Agent for Copyright Notification

If you believe that any Data on the Service infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:

Designated Agent:

N. Valenziano

200 Innovation Way

Akron, OH 44316-0001

15. Feedback. We welcome your Feedback. Customer may identify problems, suggest improvements or other changes, or provide compliments regarding the Service ("Feedback") in connection with this Agreement. Feedback will not be considered confidential information, and Customer represents that it has all consents, permissions and releases to provide or contribute such Feedback to Goodyear. Feedback may be used for any purpose, without any further consent, notice and/or compensation to you or to any third parties.

16. Customer Technology. If you make available to Goodyear or any Goodyear representative any website, application, platform, or other media or technology in connection with the performance of the Service hereunder (“Customer Technology”), then you acknowledge and agree that any terms of service, terms of use, or other similar contractual requirements that may otherwise apply to access to or use of such Customer Technology shall not apply to Goodyear, or to the performance of Service hereunder.

17. Compliance with Laws. Customer warrants and agrees that it will, and will ensure that all Users, comply with all applicable Laws, including data protection rules and regulations, associated with use of the Service.

18. Disclaimer of Warranty:

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE ANDGO SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND GOODYEAR MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ANDGO SOLUTION, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS, AND INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES THAT THE ANDGO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

19. Indemnification.

19.1. Customer Indemnification. To the fullest extent permitted by Law, Customer shall indemnify, defend and hold harmless Goodyear, and its third party providers, and their respective officers, directors, employees, contractors, and agents (each, an “Indemnitee”), from and against all Loss, incurred by Indemnitee relating to all Claims arising from or related in any way from any (a) breach of any representation or warranty provided by Customer; (b) Customer Data or Customer Technology combined with the Service infringes or misappropriates a third party’s intellectual property rights; (c) negligence or willful misconduct of Customer, or any of Customer's agents, contractors, lessees or employees; (d) violation of applicable Law by Customer or its Users, including, without limitation, applicable data privacy regulations, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE INDEMNIFICATION OBLIGATIONS WILL APPLY BY THEIR TERMS EVEN IF, AS A RESULT THEREOF, ANY INDEMNITEE WOULD BE INDEMNIFIED AGAINST THE CONSEQUENCES OF ITS OWN NEGLIGENCE OR FAULT. Customer's obligations and liabilities under this Paragraph shall survive the termination of this Agreement and will apply regardless of whether the claim arises in tort, negligence, contract, warranty, strict liability, or otherwise.

19.2 Indemnification Procedure. Indemnitee will promptly notify Customer in the event of a claim. Customer may only use counsel that has been approved in writing by Indemnitee and Customer may not settle any such claim without the Indemnitee’s express prior written consent.

20. Limitations of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, GOODYEAR SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING LOSS OF DATA, DIMINUTION IN VALUE, ACTUAL LOST OR ANTICIPATED REVENUES OR PROFITS, ARISING FROM ANY CLAIM RELATING TO THE SERVICE OR THIS AGREEMENT, 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 UNDER THIS AGREEMENT OR RELATED TO THE SERVICE EXCEED THE AMOUNT CUSTOMER HAS PAID TO GOODYEAR FOR THE SERVICE IN THE TWELVE MONTHS IMMEDATILY PROCEEDING THE EVENT. Any claim related to this contract or the Service must be brought by Customer within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to Customer and any permitted successors. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.

21. Insurance. Customer shall acquire, maintain and pay for, at its sole expense, its own appropriate and adequate insurance to protect against Loss and for liability issues arising out of or otherwise relating to Customer’s use of or access to the Service.

22. Additional Terms may apply. This Service may integrate with other services or features, provided by third parties, including but not limited to Google Maps, which are governed by separate or supplemental terms or privacy policies. Additional terms may be provided to you in connection with your use of the service, or you may have to contact the third party provider directly for the terms. Specifically for Google Maps, features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/

23. Use of Name. Goodyear shall have the right to use Customer’s name, logo, and marks to identify Customer as an AndGo customer in AndGo’s marketing materials, testimonials and on AndGo’s website. Customer shall not have any rights, either directly or by implication, to any intellectual property, including but not limited to any right to use the name, logos, trademarks or service marks of Goodyear or AndGo, without first receiving written consent from Goodyear.

24. Severability. If any provision of this Agreement is held illegal, unenforceable, or in conflict with any Law by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement and the validity of the remainder of this Agreement shall not be affected.

25. Force Majeure. Except with regard to any obligation to pay money, neither Party will be held responsible for any delay or failure in performance caused events beyond that Party’s reasonable control. Such events may include, but are not limited to, weather related events, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, pandemic, epidemic, infectious disease breakout, government orders, restrictions, regulations or directives, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, 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 Application caused by an event outside the direct control of Goodyear, including without limitation, power outages or attacks on the Application, such as by persons known as "hackers."

26. Resolving Disputes.

26.1 In the event of a dispute between the parties relating to the Service or this Agreement, the one raising the matter in dispute will notify the other in a written notice describing in sufficient detail the nature of the dispute. Each Party will then appoint one or more representatives to resolve the dispute. These representatives will promptly meet and negotiate in good faith to reach a resolution. At the end of 30 days, if no resolution has been reached, either Party may end discussions and declare an impasse.

26.2 In the event of impasse, as described in section A, and prior to the filing of any litigation, the parties will pursue mediation to resolve the dispute. Mediation will occur in Akron, Ohio with a mutually agreed mediator. All costs of the mediator will be split equally between the Parties.

27. Governing Law. This Agreement shall be governed by and construed in accordance with the Laws of Ohio, without regard to Ohio’s choice of Law provisions. GOODYEAR AND CUSTOMER HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY CLAIM DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO USE OF THE SERVICE OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORY, AND AGREE THAT SUCH WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THE TRANSACTIONS CONTEMPLATED HEREBY. The Parties expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods.

28. 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.

29. Waivers and Amendments. The waiver by either Party of any provision of this Agreement on any occasion, and upon any particular circumstances, shall not operate as a waiver of such provision on any other occasion, or upon any other circumstances.

30. Assignment. Customer shall not assign or delegate any of its rights or obligations hereunder without the prior written consent of Goodyear. Any purported assignment or delegation in violation of this Section is null and void. No permitted assignment or delegation relieves Customer of any of its obligations under this Agreement.

31. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.

32. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

33. Entire Agreement. This Agreement, any additional requirements referenced herein, or any order form constitute the entire agreement between the Parties and supersede all other prior or contemporaneous agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof.

34. Notices.

34.1. To You. We may provide any notice to you under these Terms by: (i) using your elected form of communication or (ii) by posting to the Service. Notices sent will be effective when we send them or upon posting. It is your responsibility to keep your communication preferences current.

34.2. To Goodyear. To provide Goodyear notice, you must contact us by personal delivery, overnight courier or registered or certified mail to The Goodyear Tire & Rubber Company, Attention: Daniel T. Young, Corporate Secretary, 200 Innovation Way, Akron, OH 44316. We may update the address for notices by posting a notice in the Service. Notices will be effective upon receipt. In the event you are providing notice for the sole purpose of terminating this Agreement, you may do so by sending such notice via email to billing@andgonow.com.res