Terms of use

Last update: January 1, 2017

General Provisions and Terms. Use of this website www.thecontigroup.com (hereinafter the “Site” or “Website”), constitutes a legally binding Agreement and contract between The Conti Group, (hereinafter “Conti”), as owner of the Site, and its users. The specific terms and conditions of use and service for this Site are specifically explained hereinafter. By using, accessing, navigating or exploring this website, you hereby unconditionally agree to the terms and conditions of use, and agree to be bound by them, subject to all conditions and provisions associated therewith, so long as you continue to use, access, navigate or explore the Site. Further, by accepting these terms and conditions of use, you warrant that you have the contractual capacity and authority to enter into this Agreement. IF YOU DO NOT ACCEPT, AGREE WITH, UNDERSTAND, OR AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR USE OF THIS WEBSITE, DO NOT USE THIS WEBSITE OR ITS ASSOCIATED SERVICES. The terms and conditions of use for this website are subject to change solely by Conti, and these terms and conditions of use and service may be changed by Conti, at any time, and for any reason, with or without prior notice. Should a change in the terms and conditions of use occur, your continued use, access, navigation and/or exploration of this website will constitute your unequivocal acceptance of the new terms and conditions for use. Any and all changes to the terms of use will be posted on herein. Conti expressly reserves the right to terminate its Agreement with you, immediately, for any reason, and therefore terminate your access to the Site. If Conti finds that you are in breach of the terms and conditions of use and service, or are otherwise engaged in conduct which is harmful to the website or unlawful, and your access is terminated, then you agree to be solely liable for any damages caused to Conti, as a result of your breach or illegal conduct. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including limitations of liability. For the purposes of this Agreement, the term “Parties,” shall mean Conti, and its site users. The terms “use,” shall mean any navigation, exploration, surfing, use, or inquiry into the Site. The term “you,” or “your,” shall mean the user and/or member and/or subscriber.

Copyright and Trademark. All intellectual property contained within the Site is owned by Conti SPE, LLC. The trademarks, service marks, trade names and trade dress found on the Site are protected by United States and International law. Users hereby warrant not to infringe upon Conti’s intellectual property rights. Use of the trademarks, service marks, trade names and trade dress provided in the Site is strictly prohibited, unless Conti SPE, LLC provides its express written consent and authorization. This website contains copyrighted material, and proprietary rights, owned by Conti SPE, LLC. You may not copy, modify, publish, transmit distribute, perform, display or sell any information contained on this site, unless the information is already in the public domain, pursuant to applicable legal standards. Through use of the Site, you hereby agree to abide by all intellectual property protections provided by United States and International law and acknowledge that the use of any copyrighted material is strictly prohibited, unless Conti SPE, LLC provides its express written consent and authorization. Through use of this site, and accordance with all applicable laws, users warrant that they shall not copy, mirror or frame any part of this website, its content or functionality, without Conti SPE, LLC’s express written permission. You further warrant not to provide links or other electronic pathways to the Site, without the express written permission of Conti. You also agree not to modify or alter any content on this website in any way, shape or form.

Limitation of Liability. Waiver of damages: to the fullest extent allowed by applicable law, in no event shall Conti or its officers, directors, employees, or agents be liable with respect to the website or any other subject matter of this Agreement, whether under any contract, negligence, tort, strict liability or other legal or equitable theory, for any indirect, incidental, punitive, special, liquidated, or consequential damages of any kind whatsoever. Conti has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Conti’s officers or employees in respect of any losses you suffer or issues you have in connection with the Site or services.

Disclaimer of Warranties. Conti has no special relationship with or fiduciary duty to the site user. Except as otherwise expressly provided in this Agreement, Conti does not make any warranty, express or implied, with respect to the information provided on the site or the results obtained from its website, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose or noninfringement of third party proprietary rights. The website is provided on an “as-is” basis and come with all faults. Conti further does not warrant that the access will be uninterrupted, the information will be error-free, or the website is completely secure. Conti is not responsible for any harm caused to a computer during use of the website. Conti is not responsible for links or other outside content, provided on its website, over which it has no direction or control. You use any such links and rely on any representations made in any advertisements or sponsorships at your own risk, and agree that you will indemnify and hold Conti harmless for any damages, either direct, incidental or consequential, flowing from any third party web link or outside content, and use thereof.

Indemnification and Insurance. All members/users agree that they shall indemnify and hold harmless Conti and the Site, it agents, officers, directors, assigns, attorneys and employees from and against all losses, claims, damages, (either personal or economic), penalties, costs and expenses made by any third party and resulting from your use of the Site. Additionally, you agree that you shall indemnify and hold harmless Conti and the Site, its agents, officers, directors, assigns, attorneys and employers from any harm, (either personal or economic), penalty, cost and expense caused by the negligence, gross negligence, willful misconduct or intentional acts or omissions caused by you or by any other users of the Site, or their employees, agents or servants. You also agree to hold Conti and the Site harmless from any harm or damage flowing from an inability by you or any other users/members to use the website, and from any violation by you or any other user of the terms of this Agreement, or any applicable controlling law. You further agree to cooperate with Conti in conjunction with any claim arising out your use and in the defense thereof. This provision shall survive any termination of this Agreement and shall continue in effect notwithstanding the termination or breach of any Agreements between or among Conti and any users.

Compliance With Law. User, in its use of the Site and its obligations hereunder shall fully comply with the provisions of all applicable laws, codes, ordinances, rules, regulations, standards, orders and decrees of any government or quasi-government entity having jurisdiction as modified during the existence of the Agreement (collectively, “Legal Requirements”). User agrees to indemnify and hold harmless Conti and its respective officers, directors, employees, and agents against any and all loss, cost, damage, fine, expense, or liability by reason, in whole or in part, of User’s failure to comply with all applicable Legal Requirements. This provision shall survive completion or termination of this Agreement.

Notices. Any notices, requests, demands and other communications provided for by this Agreement will be sufficient if in writing and delivered by email or sent by registered or certified mail, postage prepaid, to Conti.

Miscellaneous. These terms and conditions, together with the policies detailed herein, constitute the entire Agreement between you and Conti in relation to your use of the Site, and supersede all previous Agreements in respect of your use of the Site. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Conti shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Conti reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, or sub-licensable by user except with Conti’s prior written consent. Conti may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both Parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral Agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and user does not have any authority of any kind to bind Conti in any respect whatsoever.

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New Jersey, without reference to choice of law principles. Each of the parties hereto hereby irrevocable waives its right to a jury trial of any claim or cause of action based upon or arising out of this Agreement or any dealings between the parties hereto relating to the subject matter hereof.

Interpretation of Terms. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Headings. The headings in this Agreement are inserted solely as a matter of convenience and for reference, and shall not be considered in the construction or interpretation of any provision hereof.

Electronic Signature/Acceptance of Terms and Conditions of Use and Service. Through your use of this Site, you hereby expressly warrant and aver that you have read these terms and conditions completely, and agree to be bound by them. You further acknowledge the existence of an electronic Agreement between the Parties and agree that your use constitutes your electronic signature to this Agreement. You also acknowledge that you require access to the World Wide Web in order to receive updates and changes to this Agreement. To resolve any complaint regarding your use and/or service of this Website, you may also contact Conti via email from the Contacts page of this Site.