CUSTOM CRIMP® TERMS OF USE
These Terms of Use (“Terms”) govern your use of the Custom Crimp website available at
http://customcrimp.com. and its associated webpages (“
Website” or “
Service”) and Content (as defined
herein). The Website is operated by and presents information and content that is owned or licensed by
ContiTech USA, Inc., its parents, subsidiaries and affiliates (“
ContiTech”). When used in these Terms,
“
we”,“
our”, and “
us” refer to ContiTech, and “you” and “your” refer to you as an individual that
accesses or otherwise uses this Website and/or Content, as well as any company or legal entity on
whose behalf you access or use this Website and/or Content.
BY ACCESSING AND USING THE WEBSITE AND/OR ACCESSING ANY OF CONTENT, YOU ACCEPT THESE
TERMS AND OUR PRIVACY POLICY (see Section 10 below). If you do not agree with these Terms, you
should immediately cease use of this Website and Content. By accessing and using the Website and any
of the Content, you represent and warranty that you have the legal authority necessary to accept these
Terms.
ContiTech reserves the right to change the Website, any of Content, and these Terms at any time
without prior notice. The changes may include superseding terms and conditions or specific notices.
YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME-TO-TIME IN ORDER TO BE AWARE
OF ANY CHANGES THAT ARE MADE. Your continued use of this Website constitutes your acceptance of
any change or update, all of which shall become controlling when posted.
1. RIGHT TO ACCESS
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable,
revocable right to access and use the Website and Content as expressly permitted herein. We reserve
all rights not expressly granted in these Terms.
2. OUR PROPRIETARY RIGHTS
The Website and all logos, trademarks, buttons icons, images, pictures, graphics, information, and other
content used in connection with the Website (collectively referred to as “Content”) are protected by
intellectual property laws, and are exclusively owned, licensed, and/or controlled by us. None of the
information on the Website is to be interpreted as granting licenses or permission to use Content except
as strictly necessary to access the Website. Any use of Content not specifically authorized in these
Terms requires our express written consent.
ANY UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR
DUPLICATING OR ANY OTHER MISUSE OF CONTENT IS PROHIBITED.
3. AVAILABILITY OF PRODUCTS
Any ContiTech products identified on the Website are provided for information purposes only. The
ContiTech products identified on the Website may not be available or may differ from products that may
be available. ContiTech makes no assurances that the ContiTech products are suitable for any specific
use, or that the ContiTech products will be available for sale. Nothing in this Website should be
construed as an offer to sell ContiTech products or as assurance that the ContiTech products will be
available. Consult your distributor, dealer, retail, or other representative for information regarding
availability of ContiTech products.
There may be information on this Website about ContiTech 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 dealer or representative to learn more about future plans for
products not yet available to you.
4. DISCLAIMER OF WARRANTIES
The Website content is not legally binding and is provided as information only. ContiTech does not
warrant that the Website will operate error free or is free from viruses, worms, Trojan horses, or other
destructive or harmful code. ContiTech assumes no liability or responsibility for any damages to you,
your computer, or other property due to your access to, use of, or downloading of Content. If you
download or copy Content from this Website, you are responsible for taking all reasonable precautions
necessary to ensure the security and integrity of your computer and systems, including employing
current virus protection software.
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. 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. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE
OF THE WEBSITE.
5. LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE AND CONTENT 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.
6. 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; (iii) your violation of any law or the rights of any third party; and/or (iv) your
interaction with other Website users.
7. TERMINATION
We may terminate or restrict your use of or access to the Website or Content at any time, without
notice, and with no liability to you or any third party. At that time, we may delete information you have
submitted via the Website. The following Sections shall survive termination of these Terms or any
termination of your use of the Website and Content: 1 ,2, 3, 4, 5, 6, 7, 8, 10, 12, 13, and 14.
8. 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
(in part or wholly) at any time, with or without prior notice. We will notify you of any such changes by
posting updated Terms at http://customcrimp.com and/or by notifying you via the email address linked
to your account.
9. THIRD PARTY CONTENT AND LINKS
ContiTech licenses or otherwise sources Content and other information from third parties. By way of
example, ContiTech references certain information from Vertical Development, Inc. to enable certain
Website search functionality. ContiTech neither owns nor controls the information provided by third
parties, and ContiTech makes no warranties, either express or implied, as to the accuracy of the
information provided by third parties. ContiTech provides this third party information “AS IS”, and
ContiTech can have no liability for such third party information.
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.
10. PRIVACY
We collect and use information about you and your use of the Website and Content for the purpose of
making the Website and Content available to you and for developing and improving the Website. Please
review our
Privacy Policy for more information.
11. 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.
12. 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, without giving effect to its
conflict of law provisions.
13. DISPUTE RESOLUTION
If you have a dispute with us relating to the Website or Content, immediately cease all use of the
Website/Content. Except as provided in in this Section 13, ceasing all use of the Website and Content is
your only remedy with respect to any such dispute that you may have with us.
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, or otherwise relating to any rights in, access to or use of
the Website and/or Content shall be binding arbitration, under the then-current CPR Rules for Non-
Administered Arbitration. 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. Any claim or dispute that is not subject to arbitration shall be subject to the
exclusive jurisdiction of and venue in the courts situated in Mecklenburg County, Charlotte, North
Carolina (USA), and You agree to submit to such exclusive jurisdiction.
14. 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
ccsales@customcrimp.us. 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.
15. OUR CONTACT INFORMATION
If you have any questions or concerns, please contact us at
Custom Crimp d/b/a ContiTech USA, Inc.
326 N. 400 E. Valparaiso, IN 46383, or
ccsales@customcrimp.us and 1-219-462-6128.
Last Updated: September 6, 2023