1. WEBSITE OVERVIEW
a. Overview. The Website is intended primarily to sell Continental industrial hose assemblies and accessories.
c. Account Set-Up. You may create an account by creating a unique username and password that is associated with a verifiable email address. To create an account go to continental-hosestore.com.
d. Unauthorized Use. If You choose to create an account, You will be a “Registered User.” As such, You are responsible for maintaining the confidentiality of Your user name and password. You are also responsible for all activities conducted through Your account, whether by You or someone else. You must immediately notify us of any unauthorized use of Your Account.
e. Disclaimer. At our sole and exclusive discretion, We may agree to make goods available for purchase on the Website. Unless otherwise described, the Website content is only informative nature and does not represent binding, irrevocable offers to You. Any order You submit shall have no effect until accepted by Us. Any accepted order of goods shall be governed by these Terms of Service. More detailed information can be found in Section 3 below.
2. LICENSE AND OWNERSHIP OF CONTENT
a. Your Use. We grant You a limited, non-exclusive, non-transferable, revocable limited license to access and use the Website as expressly permitted herein. We reserve all rights not expressly granted herein.
3. TERMS OF PURCHASE, RETURN, REFUND & TITLE
Unless otherwise identified in this Website, any purchase of goods from this Website, as well as any return of goods purchased through this Website, is governed by Continental’s then-existing Conditions of Sale, a copy of which may be found at www.continentaltires.com. By registering for and using this Website, and/or by making any purchase through this Website, you agree to be bound by these Conditions of Sale.
4. OUR PROPRIETARY RIGHTS.
The Website and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the Website (collectively referred to as “Our Content”) are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
5. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND/OR OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE WEBSITE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF SERVICES. THE FUNCTIONS AND FEATURES OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE WEBSITE.
6. LIMITATION OF LIABILITY YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
7. INDEMNIFICATION You shall indemnify, defend and hold harmless us and our officers, directors, employees, shareholders, and agents for any and all loss cost, disputes, demands claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) Your breach of these Terms of Service; (ii) Your use or misuse of the Website; (iii) Your violation of any law or the rights of any third party; and/or (iv) Your interaction with other Website users.
8. TERMINATION You may terminate Your participation at any time by discontinuing use of the Website and Content. At that time we may delete information You have submitted via the Website. If You have a dispute with us relating to the Website or Content, immediately cease all use of the Website/Content. Ceasing all use of the Website and Content is Your only remedy with respect to any such dispute that You may have with us. The following Sections shall survive termination of these Terms of Service or Your use of the Website: 2(a), 4, 5, 6, 7, 8, 9, 14, 15, and 16.
9. CHANGES TO WEBSITE AND TERMS OF SERVICE From time to time, we may modify, suspend or discontinue any feature associated with Your access and use of the Website and/or Content. We shall not be liable to You for any modification, suspension or discontinuance (in part or wholly) of the Website and/or features associated with the availability or use of Content. We may establish additional policies and practices concerning use of the Website and Content made available through the Website. Accordingly, We reserve the right to change these Terms of Service (in part or wholly) at any time, with or without prior notice. We will notify You of any such changes by posting updated Terms of Service at Continental-hosestore.com and/or by notifying You via the email address linked to Your Account.
10. THIRD PARTY LINKS Some Content may incorporate links to third party websites. Some third party websites may collect data or solicit personal information from You. We neither own nor control such third party websites and is not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third party website that may be linked to the Website.
12. COMMUNICATIONS By agreeing to these Terms of Service, You consent to receive communications sent from or on our behalf regarding the Website, Content and/or Your rights and obligations under these Terms of Service.
14. DISPUTE RESOLUTION You expressly acknowledge and agree that the sole and exclusive venue for resolving any controversy or claim arising out of or relating to these Terms of Service, or otherwise relating to any rights in, access to or use of the Website and/or Content shall be binding arbitration, under the American Arbitration Association ("AAA") commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH.
15. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS If You believe that Your work or the work of another is being used in a manner that constitutes copyright infringement, please notify us at email@example.com. Your notification must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- a description of the copyrighted work or other intellectual property that You claim has been infringed.
- a description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and email address.
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
16. OUR CONTACT INFORMATION
If You have any questions or concerns, please contact us at: ContiTech USA, Inc. Attn: Continental Hose Store 703 S. Cleveland Massillon Rd Fairlawn, OH 44333 1-888-703-8899 M-F 8am-5pm EST
Last Updated: March 11, 2018.