This Website presents information and content that is owned or licensed by Continental Tire Canada, Inc., its parents, subsidiaries and affiliates (collectively, "Continental"). When used in these Terms, "we" and "our" mean Continental and "you" and "your" refers to any you individually, as well as any company, organization, or legal entity on whose behalf you access or use the Website.
1. WEBSITE OVERVIEW.
The Content on this website is for convenience and information purposes only. Nothing on this website constitutes an offer to sell or buy any product. More detailed information and contract terms can be obtained from an authorized dealer of Continental Tire products.
2. RIGHT TO ACCESS.
We grant you a limited, non-exclusive, non-transferable, revocable limited right to access and use the Website and Content as expressly permitted herein. We reserve all rights not expressly granted herein.
3. AVAILABILITY OF PRODUCTS
There may be information on this Website about Continental products not yet available in your country. Inclusion of such information on this Website is not intended to announce product availability anywhere in the world. Consult with your local Continental dealer or representative to learn more about future plans for products not yet available to you.
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 by intellectual property laws and are exclusively owned and/or controlled by Continental and its licensors. None of the information on the Website is to be interpreted as granting licenses or permission to use our Content except as strictly necessary to access the Website. Any use of our Content requires our express written consent, and we reserve all rights not expressly set forth in these Terms.
ANY UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS STRICTLY 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. 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. 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, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT/PRODUCT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE WEBSITE.
Nothing on this Website constitutes an offer to sell or buy any product. More detailed information and contract terms can be obtained from an authorized dealer of Continental products. Our obligations and responsibilities regarding Continental products are governed solely by the contract terms under which they are sold. Continental products are subject to the limited warranty and adjustment policies that we may issue for Continental products from time to time. Nothing contained in this Website modifies or limits such warranties and adjustment policies in any way.
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.
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; (ii) your use or misuse of the Website or Content; and/or (iii) your violation of any law or the rights of any third party.
We reserve the right to, in our sole discretion, to terminate or restrict your use of all or any part of the Website or these Terms at any time and without notice, for any or no reason, and without liability to you or anyone else. You may terminate these Terms 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, you must 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 or your use of the Website: 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, and 14.
We reserve the right to modify, suspend or discontinue any feature associated with the Website or your access to and use of the Website and/or Content at any time. 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 (in part or wholly) at any time, without prior notice except to the extent required by law. We will notify you of any such changes by posting updated Terms at www.continental-tires.com/ca/en/legal-pages.
YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of the Website and/or any associated Content constitutes your acceptance of any change or update, all of which shall become controlling when posted.
10. THIRD PARTY LINKS.
The Website and Content may reference or 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.
By agreeing to these Terms, you consent to receive communications sent from or on our behalf regarding the Website, Content, and/or your rights and obligations under these Terms.
13. CHOICE OF LAW AND VENUE.
14. DISPUTE RESOLUTION.
Any dispute arising under these Terms shall be resolved by binding self-administered arbitration. The arbitration shall take place in Toronto, Ontario. The arbitration shall be consistent with the then-current ADR Institute of Canada National Arbitration Rules (the “ADR Rules”) for Non-Administered Arbitration. Three neutral arbitrators will conduct the self-administered arbitration, one selected by Continental, one selected by Supplier, and the third selected by the two arbitrators so selected. Continental and Supplier will each pay their own attorneys’ and consultants’ fees associated with the arbitration, and any other costs and expenses of the arbitration shall be allocated consistent with the applicable ADR Rules for Non-Administered Arbitration. You and Continental will each pay their own attorneys’ and consultants’ fees associated with the arbitration, and any other costs and expenses of the arbitration shall be allocated consistent with the applicable CPR Rules for Non-Administered Arbitration, with the prevailing party to be awarded its costs and fees. Any claim or dispute that is not subject to arbitration shall be subject to the exclusive jurisdiction of and venue in the courts of Toronto, Ontario, and You agree to submit to such exclusive jurisdiction. 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.
16. OUR CONTACT INFORMATION.
If you have any questions or concerns, please contact us at Continental Tire Canada, Inc., 1 Robert Speck Parkway, Suite No. 900, Mississauga, Ontario, Canada, L4Z 3M3, Attn: Marketing or at
THESE TERMS ARE EFFECTIVE AS OF March 29, 2022.