This page states the Terms and Conditions under which you, the website visitor, may use this website, which is owned by Hoosier Racing Tire Corp and maintained by its affiliates, agents, and employees (“Hoosier"). When used in these Terms, "we", "our", and “us” refer to Hoosier, and "you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this Website and/or Content.
BY ACCESSING AND USING THE WEBSITE, SETTING UP A USER ACCOUNT, CLICKING THE “ACCEPT” BUTTON, AND/OR ACCESSING ANY OF CONTENT, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY. If you do not agree with these terms and conditions, you should immediately cease use of this Website and Content.
Hoosier reserves the right to change the Website, any of the 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 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. WEBSITE OVERVIEW.
a. Overview. The Website is intended primarily for You to view, access product catalogue(s), make purchases, and download logos.
b. Account Set-Up. You may create an account by creating a unique username and password that is associated with a verifiable email address. To create an account click here.
c. Unauthorized Use. If you choose to create an account, you will be a “Registered User.” As such, you are responsible for maintaining the confidentiality of your user name 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. Purchases. Your purchase of products or services made available through Website will be governed by the Conditions of Sale available here and the Shipping & Returns Policy available here (collectively, “Terms and Conditions of Sale”). Receipt of, or payment for, our products set forth herein shall constitute your acceptance of the Terms and Conditions of Sale. The Terms and Conditions of Sale cannot be modified or amended by any other subsequent document or agreement, except as otherwise provided here within. In the event of a conflict between the Shipping & Returns Policy and the Conditions of Sale, the Shipping & Returns Policy shall prevail.
2. 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.
3. OUR PROPRIETARY RIGHTS.
The Website and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the Website (collectively referred to as “ Content ”) are protected by intellectual property laws, and are exclusively owned and/or controlled by us. None of the information on the Websites is to be interpreted as granting licenses or permission to use Content except as strictly necessary to access the Website. Except as otherwise provided in the Logo Download Terms of Use, any use of Content requires our express written consent.
ANY UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF CONTENT IS PROHIBITED.
4. DISCLAIMER OF WARRANTIES.
Hoosier does not warrant that the Website will operate error free or is free from viruses, worms, Trojan horses, or other destructive or harmful code. Hoosier 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, MISDELIVERY, 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: 2(a), 4, 5, 6, 7, 8, 10, 15 and 16.
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 https://www.hoosiertire.com/contact/terms-of-use/ and/or by notifying you via the email address linked to your account.
9. GLOBAL AVAILABILITY OF PRODUCTS
There may be information on this website about Hoosier 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.
10. THIRD PARTY LINKS.
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.
11. 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 located at: https://www.hoosiertire.com/contact/privacy-policy/ for more information.
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.
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, without giving effect to its conflict of law provisions.
14. 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 Section 14 below, 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.
15. 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 info@hoosiertire.com. 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.
16. OUR CONTACT INFORMATION.
If you have any questions or concerns, please contact us at:
EMAIL: privacy@continental.com
PHONE: (833) 656-0555
Last Updated: 7/11/2023
Categories of Personal Information We Collect
Categories of Third Parties With Whom We Disclose Personal Information for a Business Purpose
Categories of Third Parties to Whom Personal Information is Sold or Shared
Identifiers, name, alias, postal address, country of residence, unique personal identifier, online identifier, email address, account name, phone number, or other similar identifiers.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Not sold or shared
Personal information subject to the California Customer Records Act, such your name contact information, and other similar records. The Personal Information included in this category may overlap with other categories.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Not sold or shared
Commercial information, including records of personal property, creditworthiness, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Financial information, such as your credit card or debit card number as required to complete a transaction through our e-commerce platform.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Not sold or shared
Internet or other digital activity information, such as your internet protocol address, browsing history, search history, and information regarding your interactions with our Website.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Not sold or shared
Professional or employment information, such as job title, business address, employment history, or other professional information.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Not sold or shared
Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, or behavior.
- Affiliates and subsidiaries
- Third party service providers
- Professional consultants
- Vendors necessary to complete transactions you request
- Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
- In connection with a transaction
Not sold or shared
Your Rights Under the CCPA
California residents have certain rights, subject to legal limitations, regarding the collection, use, and sharing of Personal Information. California residents may exercise the following rights via emailing us at privacy@continental.com, or by calling (833) 656-0555.
- Right to Know. You may have the right to request information about the categories of Personal Data we have collected about you, the categories of sources from which we collected the Personal Data, the purposes for collecting, selling, or sharing the Personal Data, and to whom we have disclosed your Personal Data and why. You may also request the specific pieces of Personal Data we have collected about you.
- Right to Delete. You have the right to request that we delete Personal Information that we have collected from you.
- Right to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you.
We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.
Verification: In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. In most cases, we will collect some or all of the following data elements: first and last name, email address, and telephone number. In some cases, we may request different or additional information, including a signed declaration that you are who you say you are. We will inform you if we need such information.
Authorized Agents: Authorized agents may exercise rights on behalf of consumers by emailing us at privacy@continental.com, or by calling (833) 656-0555 and indicating that they are submitting the request as an agent. We may require the agent to demonstrate authority to act on behalf of the consumer by providing signed permission from the consumer. We may also require the consumer to verify their own identity directly with us or to directly confirm with us that they provided the authorized agent permission to submit the request.
Timing: We will process Right to Opt-Out requests within 15 business days. We will respond to Right to Delete, Right to Correct, and Right to Know requests within 45 days unless we need more time, in which case we will notify you and may take up to 90 days total to respond to your request.
This Notice was last updated on 7/11/2023.