Welcome to the Continental CrimpCloud (“CrimpCloud”). CrimpCloud and associated services are provided by ContiTech USA, Inc. (“ContiTech”, “Us”, or “We”).
This Service is subject to all of the terms contained in the current ContiTech CrimpCloud Service Agreement (“Service Agreement”), if any, between You or Your employer or principal (the “Subscriber”) and ContiTech.
ContiTech hereby grants to You a non-transferable, non-exclusive right to use any software (“Software”) and Service provided pursuant to these Terms, and to use the data collected and made available by ContiTech in the course of providing the Service (collectively, the “Data”) that may be delivered to You under these Terms. You have no title to or ownership rights in the Software or Data provided under this Agreement. Except for this limited license, all rights and interest in and title to CrimpCloud and/or any the Service, Software, and Data shall remain the exclusive property of ContiTech and/or its licensors.
Registration is only available to persons over 18 years old. By registering for or using CrimpCloud, You represent and warrant that: (a) all required registration information that You submit is truthful and accurate; (b) You are authorized by the Subscriber to access and use CrimpCloud, (c) You are accessing and using CrimpCloud only for a legitimate business purpose; and (d) You will only use CrimpCloud and Service as permitted by these Terms. ContiTech cannot and will not be liable for any loss or damage arising from Your use of the Service, including any arising from Your failure to comply with the above requirements.
Please keep in mind that the data provided through the Service may not be accurate, complete or error free. ContiTech does not guarantee the Service will be available for Your use. ContiTech may interrupt or discontinue the Service without any notice to You. You agree that ContiTech will not be liable to You and You release ContiTech from any claims arising from any interruption, discontinuance, or termination of the Service for any reason.
The license is effective until terminated by You or ContiTech. ContiTech may terminate the license at any time. Your rights under this license will terminate automatically without notice from the ContiTech if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of CrimpCloud, and disable and destroy all copies, full or partial, of CrimpCloud, and if requested by ContiTech, certify that such deletion occurred
Your use of CrimpCloud must be in strict compliance with these Terms and the terms of the Service Agreement. You further agree that Your use of CrimpCloud is for lawful purposes only, and only in compliance with these Terms and the Service Agreement. You agree that You will not use CrimpCloud for any unlawful purpose, including committing a criminal offense.
THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE, AND CONTITECH EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR SUFFICIENCY THE SERVICE, THE DATA UPON WHICH IT RELIES, OR ANY ASSOCIATED CONTENT. CONTITECH MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR OTHERWISE MEET YOUR EXPECTATIONS. CONTITECH ALSO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THAT THE SERVICE MAY PROVIDE INCORRECT INFORMATION OR THAT ANY MATERIAL DOWNLOADED FROM THE SERVICE MAY CAUSE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You shall not provide third parties with access to any Software and non-public information regarding the Service, and any other confidential information that ContiTech provides, without ContiTech’s prior written consent. Nothing in this section shall prevent You from sharing information with Your own employees, subject to adequate confidentiality agreements.
You agree to defend, indemnify and hold ContiTech (including its employees, officers, directors and shareholders) harmless from and against any claim, cause of action, demand, cost, expense (including attorneys’ fees), loss suit, proceeding, damage and liability of any kind (collectively, “Claims”) arising out of or in connection with Your use of or inability to use the Service.
Nothing contained herein, or any other document or agreement related to the Service, shall, by express grant, implication, estoppel or otherwise, create or grant You any right, title, interest, or license in the CrimpCloud, Service, Software, and/or associated content, or to the inventions, patents, data, computer software, or documentation associated with any of them. All trademarks, service marks and trade names referenced by or incorporated in CrimpCloud, Service, and/or associated content are owned by or licensed to ContiTech and You obtain no rights therein by virtue of Your use thereof. You covenant and agree not to assert any rights in CrimpCloud, Service, associated content or in any trademarks used by ContiTech in connection with any of them. The trademarks used by ContiTech, as well as and the associated content, CrimpCloud, Service and related Software and inventions are protected by United States trademark and copyright and other laws.
IN NO EVENT SHALL CONTITECH BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), EVEN IF CONTITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF (a) THE AVAILABILITY, ACCURACY OR PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE, OR (b) ANY CLAIM, CAUSE OF ACTION, BREACH OF CONTRACT OR ANY EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT. CONTITECH’S AGGREGATE LIABILITY RELATED TO PROVIDING THE SERVICE SHALL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEES PAID BY SUBSCRIBER DIRECTLY TO CONTITECH FOR THE SERVICE IN THE PRIOR THIRTY (30) DAYS, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER CONTITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE SERVICE SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THE SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE SERVICE IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
Any notice to ContiTech required or permitted under this Agreement shall be in writing. If to ContiTech, notice will be delivered in person or by means evidenced by a written confirmation to ContiTech USA, Inc., 703 S. Cleveland Massillon Road, Fairlawn, Ohio 44333, Attn: Legal Dept., and will be effective only upon receipt. Notice to You may be delivered to the e-mail address You provide with Your user account information, or by way of any electronic means deemed suitable to ContiTech. You are responsible for providing us with Your most current e-mail address. In the event that the last e-mail address that You have provided us is not valid, or for any reason is not capable of delivering to You the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
CrimpCloud may contain links to other websites operated by third parties. Such third party web sites are not under the control of ContiTech. ContiTech is not responsible for the content of any third party website or any link contained in a third party website. ContiTech provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that ContiTech may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and Your use of the Service that is gathered periodically to facilitate the provision of updates, product support and other services to You (if any) related to the Service.
ContiTech provides CrimpCloud as a “Service Provider” to the Subscriber, as the term “Service Provider” is defined in the California Consumer Privacy Act of 2018 (“CCPA”). To provide the Service, ContiTech may provide data to third parties including: ContiTech’s parent company and/or group affiliates; the Subscriber; Your employer (if Your employer is conducting an evaluation of the Service and You have agreed to participate); or to other relevant third party service providers assisting in the provision of this Service (collectively, "Other Parties"). Additionally, ContiTech may use this information to improve its products or to provide services or technologies to You and for other products and services to which You consent. You understand that ContiTech and Other Parties may be required by law to disclose information regarding Your use of the Service and if required by law, ContiTech and Other Parties will comply with such requests.
Without limiting the foregoing, ContiTech is prohibited from: (i) using, disclosing, or processing Your Personal Information for ContiTech’s own purposes, including but not limited to marketing or commercially exploiting (such as selling, renting, or leasing), unless otherwise directed by You or the Subscriber or as otherwise authorized by law; (ii) retaining, using, or disclosing your Personal Information for any purpose other than the purpose of providing the Service or as otherwise authorized by law; (iii) retaining, using, or disclosing Your personal information outside of the direct business relationship between ContiTech and Subscriber for the provision of Service specified herein, except at the Subscriber’s direction or as otherwise authorized by law; or (iv) “sell” Your Personal Information, as the term “sell” is defined in the CCPA. For purposes of these terms, “Personal Information” shall include information relating, directly or indirectly, to an identified or identifiable natural person or household.
You understand that ContiTech and Other Parties may be required by law to disclose information regarding Your use of the Service and if required by law, ContiTech and Other Parties will comply withsuch requests.
You hereby release and forever discharge ContiTech (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, Your use of the Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
ContiTech provides the Service pursuant to the terms of the Service Agreement, which Service Agreement is incorporated by reference into these Terms. These Terms constitute the entire agreement between ContiTech and You with respect to the subject matter hereof, and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between You and ContiTech with respect Your use of CrimpCloud. ContiTech’s failure to exercise in any respect any right provided for herein will not be deemed a waiver of any provision of these Terms or of any subsequent breach of the same and no waiver of any provision of these Terms will be effective unless made in writing. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms shall be interpreted under the laws of the State of Michigan, and, in the event of any controversy or claim arising out of or relating to these Terms or the breach or interpretation thereof, You shall submit to the exclusive jurisdiction of and venue in the federal courts of the United States, or the courts of the State of Michigan, each located in Oakland County, Michigan, and their respective appellate courts. Facsimile or scanned signatures will be deemed originals.
Last Updated: April 9, 2021.