Terms of Use

This page states the Terms and Conditions under which the Dealer ("Dealer") may use this Web Site, which is owned by Continental Tire North America, Inc
Continental Tire North America, Inc. ("CONTINENTAL TIRE") provides this web site for use by Dealers in a variety of online transactions. Use of this web site confirms Dealer's agreement to be bound by all of the Terms and Conditions set forth below. CONTINENTAL TIRE may, in its sole discretion, revise these Terms and Conditions at any time, therefore, Dealer should visit this page periodically to review the Terms and Conditions. If at any time Dealer does not accept these Terms and Conditions, use of this web site should be discontinued.

Use of Site Material

The contents of this web site, such as text, graphics, images and other content (the 'Site Material') are protected by copyright under both United States and foreign laws. The names, marks and logos included in the Site Material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to CONTINENTAL TIRE. The use of these marks or the Site material, except as provided in these Terms and Conditions, is prohibited. Unauthorized use of the Site Material violates copyright, trademark, and other laws.

Membership Eligibility

Dealer will be issued a Login ID and password, which are non-transferable. Dealer shall be responsible for maintaining the confidentiality of Dealer's ID and password and shall be liable for any unauthorized use of Dealer's ID or password. Dealer shall not permit any other person or entity to use its ID or password to access these services or for any other purpose.

Dealer must successfully pass all credit checks usually implemented by CONTINENTAL TIRE prior to order fulfillment. CONTINENTAL TIRE may terminate Dealer's access to the services at any time for violation of these terms or for any other reason that CONTINENTAL TIRE, in its sole discretion, deems appropriate.

Ordering Information

The services provided through this website allow Dealers to submit and monitor orders for Dealer's customers only. By submitting an order and being approved by CONTINENTAL TIRE, Dealer enters into a valid and enforceable contract and are subject to the Conditions of Sale published by CONTINENTAL TIRE at:

CONTINENTAL TIRE reserves the right to recover any and all costs, whether direct, special, consequential, or incidental associated with Dealer's breach of the contract. Dealer must appoint a single administrator who will be responsible for giving out user IDs and passwords to all authorized users at the Dealer's locations and for setting the control parameters for each user.

Shipment

CONTINENTAL TIRE will not provide an estimated delivery date for orders submitted through this online service. Orders will be shipped based on our current Distribution Policy.

Disclaimer of Warranties

Although CONTINENTAL TIRE strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. CONTINENTAL TIRE makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this web site or about the results to be obtained from using the web site. Use of the web site is at Dealer's own risk.

CONTINENTAL TIRE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF DEALER'S USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CONTINENTAL TIRE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES, OF ANY KIND. CONTINENTAL TIRE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. CONTINENTAL TIRE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON ITS WEB SITE.

Limitation of Liability

IN NO EVENT SHALL CONTINENTAL TIRE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONTINENTAL TIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy

If you provide personal details to receive any type of information from CONTINENTAL TIRE, in print or electronic form, CONTINENTAL TIRE will collect and store that information. Such personal information enables CONTINENTAL TIRE to fulfill your information request. This information may also be used to send you additional details about Continental products and programs. CONTINENTAL TIRE might track your use of the website. Also, CONTINENTAL TIRE may aggregate information from all of its web visitors to measure the total number of visitors to the website and how many visit each web page. This helps CONTINENTAL TIRE to learn that which areas are most popular for expansion, and which are least popular for reduction or elimination. In addition, CONTINENTAL TIRE might track usage of reports, ordering pages and other functionality on this website to understand, at web user level, the use of services of the website. Currently CONTINENTAL TIRE uses Webtrends to collect information about visits to our website.

It is CONTINENTAL TIRE's policy not to provide third party access to your data unless you provide written consent or as required by legal process. Furthermore, CONTINENTAL TIRE does not sell any collected personal information or data.  Dealer is responsible for reviewing the CONTINENTAL TIRE Privacy Policy information regarding our privacy practices and use of information.

Use of Webtrends

CONTINENTAL TIRE uses Webtrends (www.webtrends.com), a web analytics service, to create summary reports for evaluation of website usability and site traffic. Webtrends uses cookies, which are text files placed on your computer, to help analyze use of the site. Information generated by the cookie about your site usage is transmitted to and stored by Webtrends. Webtrends uses this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Webtrends may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Webtrends' behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. By using this website, you consent to the processing of data about you by Webtrends in the manner and for the purposes set out above. The accuracy of this information cannot be guaranteed, particularly since this information is subject to change.

Indemnity

By using this web site, Dealer agrees to defend, indemnify, and hold harmless CONTINENTAL TIRE, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that CONTINENTAL TIRE may become obligated to pay arising or resulting from Dealer's use of the Site Material or Dealer's breach of these Terms and Conditions. CONTINENTAL TIRE reserves the right to assume or participate, at Dealer's expense, in the investigation, settlement and defense of any such action or claim.

CONTINENTAL TIRE reserves the right to expel Dealer and prevent further access to this web site for violating these terms or the law and reserves the right to remove any communications from this Site.

Miscellaneous

CONTINENTAL TIRE does not claim that the materials on this web site are appropriate or may be used outside of the United States. Access to the site materials may not be legal by certain persons or in certain countries. If Dealer accesses the web site from outside of the United States, Dealer does so at its own risk and is responsible for compliance with the laws of its jurisdiction.

These Terms and Conditions are governed by the substantive laws of the Commonwealth of North Carolina, without respect to its conflict of laws principles. Dealer agrees to submit to the jurisdiction of the courts situated in the Commonwealth of North Carolina with respect to any dispute, disagreement, or cause of action related to or involving this web site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our web site, these Terms and Conditions constitute the entire agreement between Dealer and CONTINENTAL TIRE with respect to Dealer's use of this web site.