Terms of Service

 

Welcome to the Continental Battery website and other related or linkedContinental Battery sites (the “Site”).Continental Battery Co, its subsidiary companies and affiliates (collectively, “Continental” or “Company” or “We”) provide this Site and certain services, interfaces and functionality on or via this Site (collectively, the “Services”) to you for your information, education and communication. Please read these Terms of Use before using the Site. Your use of this Site or the Services will signify your acceptance of the Terms of Use. Once accepted, these Terms of Use will constitute a binding agreement betweenContinental Battery and you governing your access to and use of the Site or Services. If you do not agree to these Terms of Use, do not access or use this Site or the Services. Please note that certain services or otherContinental Battery sites may be governed by separate or additional policies or terms and you will also be subject to such terms when accessing or using those certain services or sites. All such special terms are incorporated by reference into these Terms of Use.

CHANGES TO TERMS OF USE

The Company reserves the right to change the Terms of Use at any time without notice. By browsing this Site, each visitor accepts and agrees to be bound by the Terms of Use. Visitors should review these Terms of Use each time they revisit this Site.

SITE SECURITY

You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. The Company will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include the following:

(a) accessing data or taking any action to obtain Services not intended for you or your use;

(b) attempting to probe, scan, or test the vulnerability of any system, subsystem or network;

(c) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;

(d) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services;

(e) interfering with, intercepting or expropriating any system, data or information;

(f) using any device, software or routine to interfere or attempt to interfere with thg of the Site or the Services; or

(g) using or attempting to use any mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer).

PROHIBITED ACTIVITY

You are prohibited from accessing or using this Site in any manner that the Company in its reasonable discretion may deem to be inappropriate or that could be deemed to be an unlawful act or that is prohibited by any laws applicable to this Site (“Unauthorized Use”). The Company retains the right to determine what constitutes such Unauthorized Use at its sole discretion. Unauthorized Use includes, without limitation, the violations listed under (a) thru (g) of Site Security as well as using the Site to defame or libel the Company , its employees or other individuals or organizations.

The Company reserves the right, but not a duty, to monitor any information transmitted or received through this Site. Each visitor submitting information to this Site is solely responsible for whatever material is submitted by such person and will have sole responsibility for the message, including its legality, reliability, and appropriateness. The Company, at its sole discretion and without prior notice, may at any time review, change, remove or otherwise block any material posted.

NON-CONFIDENTIALITY OF USER MATERIALS

You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in the Company's Privacy Policy or separate written agreement between you and the Company, you give the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that the Company has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.

LAWS AND REGULATIONS

Access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

NO WARRANTY

The Company makes all reasonable efforts to ensure that the information on the Site is accurate, current and complete. However, there may be instances when information provided may be inaccurate, not up-to-date, or incomplete. The Company does not warrant or guarantee that the information in the Site is error-free, reliable, complete, or current. Use of the Site is entirely at your own risk. Use of the Site and the Services is entirely at your own risk. The Site and the Services are being provided “as is” and “with all faults.” To the fullest extent permissible under applicable law, the Company disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or through this Site, including but not limited to all warranties of title, merchantability, fitness for a particular purpose and non-infringement. Further, the Company shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect any computer equipment or other property by reason of any use of, access to or downloading of any material from this Site. Any visitor who chooses to download material from this Site must do so at his or her own risk.

If you are dissatisfied with any portion of the Site or the Services or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site and the Services.

LIMITATION OF LIABILITY

You agree that under no circumstances, shall the Company be liable for any incidental, indirect, special or consequential damages, or any other damages of any kind whatsoever resulting from whatever cause, including but not limited to loss of use, loss of any kind of profits, or loss of data, whether in an action under theories of contract, negligence, strict liability or otherwise, arising out of or in any way in connection with your access to or use of, or the inability to use, this Site and the Services, even if the Company or a Company authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In exchange for using this Site, the visitor agrees to hold the Company harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

INDEMNITY OF COMPANY

You agree to indemnify, hold harmless, and defend the Company and its subsidiary companies and affiliates as well as Company officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use of the Site, Services or content, specifically any Unauthorized Use by you in violation of these Terms of Use, or any Unauthorized Use in violation by any other person using your password or account of these Terms of Use.

LINKED WEBSITES

As a convenience, the Company may provide links to websites operated by third parties. If you decide to access a third party’s website through a link provided by this Site, you do this at your sole risk. The Company is not responsible for any viruses or other damaging elements encountered in linking to a third party website. The Company makes no warranty or representation regarding, and is not responsible for, the linked websites or the content of such websites.

DISCLOSURE; FORWARD-LOOKING STATEMENTS

Information within this website contains certain statements that are “forward-looking” statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements include, among other things, projections of revenues, earnings, earnings per share, capital expenditures or other financial items and discussions of estimated future revenue enhancements and cost savings. These statements also include the Company’s business strategy, goals and expectations concerning the Company’s market position, future operations, refining margins, profitability, liquidity and capital resources. The words “anticipate,” “believe,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “predict,” “project,” “will” and similar terms and phrases identify forward-looking statements. Although management believes the assumptions upon which these forward-looking statements contained in this site are reasonable, any of these assumptions could prove to be inaccurate and the forward-looking statements based on those assumptions could be incorrect. All phases of the Company’s operations involve risks and uncertainties, many of which are outside the Company’s control, and any one of which, or a combination of which, could materially affect the Company’s results of operations and whether the forward-looking statements ultimately prove to be correct. Actual results and trends in the future may differ materially depending on a variety of factors described in greater detail in the Company’s most recent Annual Report on Form 10-K and other of the Company’s filings with the SEC. All subsequent written and oral forward-looking statements attributable to the Company or persons acting on its behalf are expressly qualified in their entirety by the foregoing. The Company undertakes no obligation to update any information contained within this site or to publicly release the results of any revisions to any such forward-looking statements that may be made to reflect events or circumstances that occur, or which the Company becomes aware of, after the information has been posted to this site.

GLOBAL AVAILABILITY/EXPORT CONTROLS

This Site and Services are controlled and operated by the Company from its offices in Texas in the United States. The Company makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.

Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable U.S. and local laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department’s List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department’s Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.

TRADEMARK AND COPYRIGHT

This Site contains material, including text, photographs, documents and other images and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by the Company or have been licensed to it by the owner(s) of those rights so that it can use this material as part of this Site. You may print off one copy of any or all of the pages of this Site for your own personal reference, provided that you do not delete or change any copyright, trademark, or other proprietary notices. You may not copy or reproduce the material to a website. You may not sell or redistribute the material for commercial gain.

Continental Battery, and certain other brands, trademarks and services marks are marks of the Company. Not all marks of the Company will appear on this Site and not all products or services listed on this Site are available for sale in every state or country. All trademarks and trade names included on this Site belong to the Company or have been licensed to it by the owner(s) of those trademarks for use on this Site, and none of such trademarks or trade names are being transferred or licensed for any use by any visitors to this Site other than those specifically allowed below. You may not alter or use such trademarks or trade names in advertising or publicity releases without the specific, prior written permission for each intended use.

LINKING TO THIS SITE

If you wish to provide a hypertext or other link to this Site, please contact us here with details of:

CHANGES TO/OPERATION OF THE SITE

The Company reserves the right to: