Terms And Conditions

website and its associated webpages (the “Website”).

The Website and its associated information and content is owned or licensed by Continental Tire Canada, Inc., its parents, subsidiaries and affiliates (collectively, "CTCI"). When used in these Terms, "we" and "our" mean CTCI and "you" and "your" refers to you individually, as well as any company, organization, or legal entity on whose behalf you access or use the Website.

Your access to or use of this Website and Content (defined below) constitutes your acceptance of these Terms, including the Privacy Policy referenced herein. If you do not agree with these Terms, you should immediately cease use of this Website and any associated Content.

Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations, including, but not limited to, various limitations, exclusions and indemnities.

Unless we expressly disclaim any of these Terms in writing, your use of the Website and any Content we provide will always be subject to these Terms.

If you are not willing to comply with every provision of these Terms, you may not use the Website (which includes any Content or services made available through it).

1. WEBSITE AND PSI PROGRAM OVERVIEW.

a. Overview. CTCI administers the Performance Sales Incentive program (“PSI program”) through the Website. The Website and the PSI program are made available only for Registered Users subject to these Terms.

b. Unauthorized Use. If you are eligible and choose to create an account, you will be a “Registered User.” As such, you are responsible for maintaining the confidentiality of your username 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 at the email address provided Section 18 below.

c. Eligibility Rules. Participation in the PSI program is subject to additional Program Rules, as may be updated from time-to-time. By becoming a Registered User, you accept the Program Rules.

2. RIGHT TO ACCESS.

We grant you a personal, non-exclusive, non-transferable, revocable limited right to access and use the Website and Content as expressly permitted herein.

Without limiting the foregoing, you may not do any of the following without our prior written consent:

a. access or use the account associated with any other Registered User;

b. modify, copy, reproduce or create derivative works of such Content (except as explicitly provided in connection with that Content on the Website);

c. use the Content for any commercial purpose;

d. distribute, sell or transmit the Content;

e. publicly display, publish or perform the Content (for any purpose, commercial or noncommercial);

f. attempt to decompile or reverse engineer any software or database contained in or access through the Website; or

g. remove any copyright or other proprietary notations;

All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

3. OUR PROPRIETARY RIGHTS.

The Website and all logos, trademarks, buttons, icons, images, pictures, graphics, designs, editorial, text, audiovisual materials, multimedia elements, videos, music, reports, documents, software, information, formulae, patterns, data and any other 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 CTCI 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. CTCI aggressively enforces its intellectual property rights around the world to the fullest extent of the law.

ANY UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS STRICTLY PROHIBITED.

Copyright © CTCI. All rights reserved. All text, images, graphics, animation, videos, music, sounds and other materials on this Website are subject to the copyright and other intellectual property rights of CTCI, its affiliates and subsidiaries, and its licensors. CTCI owns the copyrights in the selection, coordination and arrangement of the materials on this Website. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other websites.

4. PROHIBITED CONDUCT.

Without limiting anything else contained in these Terms, you must not, in connection with the Website, directly or indirectly post, upload, reproduce, facilitate, distribute or otherwise transmit any Content or take any action that:

a. violates any applicable law, statute, order or regulation;

b. gives rise to civil liability;

c. is obscene, hateful, inappropriate or objectionable, even if the material or its dissemination is lawful;

d. constitutes defamation, harassment, stalking or abuse or abuse of any conduct that violates the legal rights of others;

e. advocates or encourages violence, abuse, hate or discrimination against a person or group based on age, creed, sex, sexual orientation, gender, gender identity, gender expression, family status, marital status, disability, race, ancestry, place or origin, ethnic origin, citizenship, colour, record of offence or association with a person identified by one of these grounds;

f. constitutes unauthorized or unsolicited communications or other “spam”;

g. infringes, violates, or misappropriates the personal rights or intellectual property rights of us or any third party;

h. obtains unauthorized access to, or interferes by any means with, any user, system, network, service or account, including evasion of filters or violation of the security or integrity of any network or system;

i. harvests, scrapes, or uses any robot, spider, crawler, script or other automated means not provided by us to access the Website or to extract data, collect information or otherwise interact with the Website.

j. distributes computer viruses, malware, cancelbots, Trojan horses, worms or other harmful or disruptive content of any kind to the Website, regardless of intent; or

k. harvests, scrapes, extracts, collects, or stores personal information about others without their express consent.

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, MISDELIVERY, 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.

CTCI makes no representations or warranties, express or implied, with respect to the rewards products that may be made available through the Website and/or the PSI program. All rewards products are offered “AS IS”, with any warranty that may be extended to you by the respective manufacturer. Please consult with the original manufacturer for additional information.

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 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 YOURUSE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

WITHOUT LIMITING THE FOREGOING, CTCI SHALL HAVE NO LIABILITY ASSOCIATED WITH THE REWARDS PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE AND/OR THE PSI PROGRAM.

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 legal 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.

8. TERMINATION.

We reserve the right to, in our sole discretion, terminate or restrict your use of all or any part of the Website or the Content, your account and/or the agreement between us created by these Terms at any time and without notice, for any or no reason, and without liability to you or anyone else. You may terminate your agreement to these Terms at any time by discontinuing use of the Website and Content provided that these Terms shall continue to apply to your use prior to such termination. 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.

All sections of these Terms that by their nature should survive termination will survive any termination of these Terms by you or CTCI.

9. CHANGES TO WEBSITE AND TERMS OF USE.

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 https://contipsi..com/Anonymous/TermsAndConditions.aspx.

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.

If any amendment to these Terms is unacceptable to you, you may terminate your agreement to these Terms by ceasing your use of the Website or any of its Content. This includes closing any accounts you may have with us.

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 or about you. We neither own nor control such third party websites and we are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third party website prior to accessing the website or providing the website’s owner with your personal information.

11. PRIVACY.

We may collect, use and share information about you, your device and your use of the Website and Content. We use this information for the purpose of making the Website available to you; developing, maintaining and improving the Website; administering the PSI program; providing customer support; and for other internal business, legal, safety or security reasons.

Your access to or use of this Website and/or Content constitutes your consent to our collection, use, disclosure and other handling of your personal information as in the Privacy Policy, as updated from timetime.

12. COMMUNICATIONS.

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.

You should not send any confidential, proprietary or sensitive information about you or others via the Website. We are not responsible for, and will not be liable to you or any one else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you through the Website, or an email, text message, comment, post or any other electronic message sent by us or a third party to you.

13. CHOICE OF LAW AND VENUE.

These Terms, the Privacy Policy, your access and use of the Website and Content, and the relationship between you and us are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of law provisions.

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. One arbitrator, selected by CTCI, will conduct the self-administered arbitration. You and CTCI will each pay their own legal 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 NonAdministered 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 THE ADR RULES ALLOW FOR SUCH.

15. INTERPRETATION.

In these Terms:

a. the division into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of these Terms;

b. when we use the word “including”, “includes” or the phrase “such as”, or similar phrases, it should be read as “without limitation” or “but not limited to” or similar phrases right after it;

c. the word “or” does not imply an exclusive relationship between the matters being connected (so it can always be read as “and/or” unless the context requires); and

d. all references to website addresses or URLs also include any successor or replacement websites containing substantially similar information to the referenced website(s).

16. LANGUAGE.

You and CTCI agree that these Terms, the Privacy Policy, and all associated documentation forming the agreement be drafted in English only. Vous et CTCI acceptez que ces Conditions, la Politique de confidentialité et toute la documentation associée formant l'accord soient rédigés en anglais seulement.

17. SEVERABILITY.

The invalidity of any particular provision of these Terms does not affect any other provision contained herein, but the Terms are to be construed as if the invalid provision has been omitted.

18. OUR CONTACT INFORMATION.

If you have any questions or concerns about this Website or the PSI program, please contact us at Continental Tire Canada, Inc., 1 Robert Speck Parkway, Suite No. 900, Mississauga, Ontario, Canada, L4Z 3M3, Attn: Marketing or at 1-866-569-0257 or continentalPSI@acbcoop.com.

THESE TERMS ARE EFFECTIVE AS OF August 20, 2022