ContiTech USA, Inc. and its affiliates and subsidiaries (collectively, “Continental,” “we,” “us,” or “our”) own all right, title, and interest in and to the website located at www.contiplus.net (the “Website”) and the CONTI+ mobile application (the “App,” and collectively with the Website, the “Offerings”). We appreciate your business and wish to inform you about some important points to consider while using the Offerings. We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or use the Offerings. All references to “you” or “your” refer to you and the entity on behalf of which you use the Offerings.
BY ACCESSING OR SUBMITTING CONTENT (AS DEFINED BELOW) TO THE OFFERINGS, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR SUBMIT CONTENT TO THE OFFERINGS.
We may modify this Agreement at any time. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Offerings after a modification to this Agreement constitutes your acceptance of the modification.
You should also review our Privacy Policy, the terms of which are incorporated herein by reference and made a part of this Agreement.
1. OWNERSHIP
Continental owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content, defined below) contained in the Offerings, as well as the collection, design, selection and arrangement thereof (collectively, the “Continental Material”). The names, marks, and logos appearing on the Offerings (collectively, the “Trademarks”) are owned by or licensed to Continental and are used with permission of the owner. The Trademarks and Continental Material are protected by trademark, copyright, and other intellectual property laws.
2. LICENSE
Continental hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Offerings in accordance with the terms of this Agreement. You may view, print, or save copies of the Continental Material as required to maintain the products that you purchase from Continental and for backup or disaster recovery purposes. You agree to retain all proprietary notices on any copy you make of the Continental Material. This license does not give you any ownership or intellectual property interest in any Continental Material or the Trademarks.
Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Continental Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the Continental Material for commercial purposes without written permission from Continental is strictly prohibited.
All rights not expressly granted to you under this Agreement are reserved by Continental.
3. PERSONAL INFORMATION
You may be required to submit information such as your name, physical address, e-mail address, or telephone number (“Personal Information”) to use the Offerings. Your Personal Information will be handled in accordance with our Privacy Policy.
4. ACCOUNT INFORMATION
You must create an account in order to use the Offerings and view relevant information. You must provide certain Personal Information to register for an account and you must create a unique username and password that enables you to access your account. You agree not to disclose your account details, including your username and password, to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. Please notify Continental immediately of any unauthorized use of your account.
Continental is not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide Continental will be true, accurate, current and complete. By creating an account you consent to the use of electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement.
5. USER CONTENT
You may submit photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials (collectively, “User Content”) to Continental via the Offerings. By uploading or submitting any User Content to Continental, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. When you submit User Content to Continental, you grant Continental the right to use such User Content, individually or on an aggregated basis, to improve the quality of our products and services. Continental reserves the right to refuse any User Content. No User Content will be subject to any obligation of confidence on the part of Continental, unless subject to a separate agreement between you and Continental.
You agree not to do any of the following: (i) transmit to the Offerings material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; (iii) send material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes; or (viii) impersonate another person or entity. User Content that Continental deems to be in violation of this Agreement will be immediately and permanently deleted.
6. PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with the Offerings:
● criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft;
● any automated use of the Offerings or User Content, such as using scripts to add subscribers or send comments or messages;
● interfering with, disrupting, or creating an undue burden on the Offerings;
● attempting to impersonate another person or entity;
● using any information obtained from the Offerings to harass, abuse, or harm another person;
● accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Offerings on behalf of that person; or
● using the Offerings in a manner inconsistent with applicable laws and regulations.
Continental reserves the right to investigate and take appropriate legal action against anyone who, in Continental’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
7. TERMINATION
Continental may, in its sole discretion, terminate this Agreement by discontinuing operation of the Offerings. Continental reserves the right to terminate your account and prevent you from accessing the Offerings at any time and for any reason, including but not limited to your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the Continental Material and obligates you to immediately destroy any copies of the Continental Material in your possession.
8. DISCLAIMER OF WARRANTIES
THE OFFERINGS AND THE CONTINENTAL MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CONTINENTAL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Although Continental strives for accuracy in all elements of the Offerings and the Continental Material, the Offerings or Continental Material may contain inaccurate or out-of-date information or typographical or spelling errors. Continental does not make any representations or warranties regarding: (i) the truth, accuracy, completeness, timeliness, legality, or reliability of any Continental Material; (ii) any opinion, information, advice or statement expressed by Continental on the Offerings; or (iii) any results to be obtained from using the Offerings or relying on the Continental Material.
Continental does not warrant that: (i) the quality of any products, services, information, or other material that you obtain from the Offerings will meet your expectations; (ii) the Offerings will operate uninterrupted and error-free; (iii) the Offerings will be free of viruses, worms or other harmful material; or (iv) the Offerings will operate in perpetuity.
9. LIMITATION OF LIABILITY
YOU USE THE OFFERINGS AND THE CONTINENTAL MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONTINENTAL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE OFFERINGS OR THE CONTINENTAL MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONTINENTAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CONTINENTAL OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE OFFERINGS OR CONTINENTAL MATERIAL OR FROM ANY USER CONTENT SUBMITTED TO THE OFFERINGS. CONTINENTAL SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE OFFERINGS.
CONTINENTAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, 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. CONTINENTAL IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE OFFERINGS.
10. THIRD PARTY WEBSITES
The Offerings may contain links to third party websites. Continental is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Continental. Inclusion of any linked third party website on the Offerings does not imply approval or endorsement by Continental. When you access these third party websites, you do so at your own risk and become subject to the terms of use and privacy policies of those third party websites.
11. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
12. ADDITIONAL TERMS
Occasionally, Continental may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Offerings (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Continental and its parent, subsidiaries, affiliates, officers, directors, employees, and agents from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Offerings or the Continental Material; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
14. GENERAL PROVISIONS
This Agreement is governed by the laws of North Carolina, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in Mecklenburg County, Charlotte, North Carolina, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Offerings.
Continental’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
Continental may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Continental.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere on the Offerings, this Agreement constitutes the entire agreement between you and Continental with respect to your use of the Offerings.
15. OWNER NAME AND ADDRESS
The Offerings are owned and operated by ContiTech USA, Inc., 703 S. Cleveland Massillon Road, Fairlawn, Ohio 44333.
