These Terms of Use (“Terms”) govern your use of the following websites, www.horsepowerrewards.com (each, the “Website”).

This Website presents information and content that is owned or licensed by Continental Tire the Americas, LLC, its parents, subsidiaries and affiliates (collectively, "CTA"). When used in these Terms, "we" and "our" mean CTA 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.

Your access, 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.

1.                   WEBSITE AND HORSEPOWER PROGRAM OVERVIEW.

a.                   Overview.   CTA administers the Horsepower sales incentive program (“Horsepower program”) through the Website.  The Website and the Horsepower program are made available only for Registered Users subject to these Terms.

b.                   Registration.  You may create an account by creating a unique username and password that is associated with a verifiable email address. 

c.                   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.  

d.                   Eligibility Rules.  Participation in the Horsepower Program is subject to additional Program Rules as may be updated from time-to-time.

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.  

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.                   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.

4.                   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 CTA 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. CTA 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 © CTA.  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 CTA, its affiliates and subsidiaries, and its licensors. CTA 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.

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.  

CTA 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 Horsepower 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 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.  

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

8.                    TERMINATION. 

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.  

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

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://horsepowerrewards.com/. 

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.  

11.                 PRIVACY. 

We collect and use information about you and your use of the Website and Content for the purpose of making the Website available to you and for developing and improving the Website.  Please review our Privacy Policy for more information at https://horsepowerrewards.com/. 

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. The website is hosted/maintained in the United States.  CTA does not claim that the materials on this website 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 You access the website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

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 State of North Carolina, USA, 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 Charlotte, North Carolina.  The arbitration shall be consistent with the then-current rules of Judicial Arbitration and Mediation Services, Inc (the “JAMS Rules”) for NonAdministered Arbitration. One arbitrator, selected by CTA, will conduct the self-administered arbitration.  You and CTA 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 JAMS 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 Mecklenburg County, Charlotte, North Carolina, 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 JAMS RULES ALLOW FOR SUCH.

15.                 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.

16.                 OUR CONTACT INFORMATION.   

If you have any questions or concerns, please contact us at Continental Tire the Americas, LLC 1830 MacMillan Park Dr. Fort Mill, SC 29707 Attn: Tina Leoncavallo; tina.leoncavallo@conti-na.com.