Networked Sites and eSites
Caterpillar dealers are independently owned and operated. Caterpillar dealers are not agents of Caterpillar. shop.cat.com includes customized "eSites" that provide dealer-specific information based upon input and data provided by each individual Caterpillar dealer, for example: shop.cat.com/altorfer.
The terms of sale (including the price) under which each Caterpillar dealer sells our products to you are set independently by each such dealer.
shop.cat.com also includes links to dealer websites, which are not Caterpillar websites. Caterpillar does not control, and does not have responsibility for the content, availability, operation or performance of, dealer websites.
Use of Site
- Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
- Attempt to gain
unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by
hacking, password "mining" or any other illegitimate means.
- Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Caterpillar, including but not limited to personal identification or information.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Caterpillar's systems or networks, or any systems or networks connected to any Site or to Caterpillar.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person's use of any Site.
- Distribute viruses or any other technologies that may harm Caterpillar or the interests of property any other person or entity, including any other user of any Site.
- Circumvent or manipulate our fee structure, the billing process or fees owed to Caterpillar, its dealers or its business associates.
- Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Caterpillar on or through any Site.
- Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Intellectual Property Rights
- That Caterpillar owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("Caterpillar IP").
- That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
- Caterpillar owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Caterpillar IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Caterpillar, including without limitation assigning (and you hereby assign) to Caterpillar all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
- No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Caterpillar's express prior written consent which should be addressed to: www.cat.com/logo.
- That all marks that appear throughout the Sites and Content belong to Caterpillar, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of Caterpillar or the owner of the mark, as appropriate, is strictly prohibited.
- Caterpillar may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Caterpillar or others.
Grant of License
- Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
- Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
- Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
- Use any Site or Content in a "service bureau" or similar structure whereby third parties obtain use of any Site or Content through you.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.
Caterpillar respects the rights of all copyright holders and in this regard, Caterpillar has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Caterpillar's Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Caterpillar's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
- Copyright Agent
- 100 N.E. Adams St.
- Peoria, IL 61629-9620
When you access or use any Site, it may ask you for optional personal information (including your name and an identifier for your computer). Caterpillar collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorized to use this Program, to improve Caterpillar products and services, and to enable Caterpillar dealers to understand who within its service territory is using the Sites. Caterpillar may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Caterpillar dealers. Caterpillar will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Caterpillar may, or you may by using any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information and/or using any Site, you consent to the collection, processing and transfer of the information by Caterpillar consistent with this paragraph. Our Website Privacy Statement provides additional information on our data collection and processing practices on the Websites described therein. We may update our Website Privacy Statement at any time. Additional or different privacy policies may apply to specific Sites.
Interactive Forums and User Materials
- Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
- Without Caterpillar's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Caterpillar takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Caterpillar is only a forum and is not liable for any statements, representations, or User Materials provided by its users.
Caterpillar has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Caterpillar may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Caterpillar reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
Forward Looking Statements
The Sites, and any documents issued by Caterpillar available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as "believe," "estimate," "will be," "will," "would," "expect," "anticipate," "plan," "project," "intend," "could," "should" or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Caterpillar's actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers', dealers' and suppliers' ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Cat Financial's ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of Cat Financial's customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions, including ERA Mining Machinery Limited, and divestitures, including the divestiture of the Bucyrus International, Inc. distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Caterpillar Production System; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Cat Financial's compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned "Management's Discussion and Analysis" and "Risk Factors" in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.
The Content contained within press releases issued by Caterpillar should not be deemed accurate or current except as of the date the release was posted. Caterpillar has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Limitation of Liability; Remedy
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Caterpillar's control, and Caterpillar is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Import and Export Compliance
You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Rights
The Sites and Content are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Contractual Statute of Limitations
Dispute Resolution and Mandatory Arbitration
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Chief Legal Officer, Caterpillar Inc., 100 N.E. Adams St., Peoria, Illinois 61629. The arbitration will take place in Chicago, Illinois in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations." In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.
Choice of Law; Severability
We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
This privacy notice describes the personal information that we collect from you from this http://shop.cat.com website (this, "Site") and how that information may be used or disclosed by us.
This policy does not apply to information that we collect through other means (e.g., other websites or other methods such as telephone calls), or to information collected on any other company or third-party site regardless of whether such site links to or is accessible from this Site. You should carefully read the privacy notices of any other websites.
How do we collect personal Information?
We collect personal information that you voluntarily provide to the Site through information request forms or clicking on the "Contact Us" e-mail link.
What personal information do we collect?
User Provided Information
We collect personal information that you voluntarily provide to this Site. For example, if you request additional information on a product or place an order, you will be asked for information such as your name, address, telephone number and e-mail address. Similarly, if you e-mail us through the "Contact Us" page or fill out surveys, we will ask for information such as your name and e-mail address (you may choose to provide additional information as well) so that we can respond to your questions or comments. Any fields that are required (as opposed to optional) will be designated with an asterisk ("*").
Automatically Collected Information & Tracking
When you visit this Site, it automatically collects your Internet Protocol ("IP") address and other technical information provided by your browser (e.g., your browser, what site referred you to this Site, etc.). This Site does not honor "do not track" signals sent by your browser. Additionally, this Site sets and retrieves "cookies", which are small identifiers stored by your browser software to identify you, including cookies that are set by third parties that are used to track your use of this Site. For more information on these cookies,Please see our cookie statement for additional information.
How do we use this personal information?
The information that you provide will be used to fulfill your request (e.g., if you request information on a product then your information will be used for the purpose of sending you the requested information.) We may use information to personalize the site for our customers. For example, in the future, we may recommend products or features you may like based on what you have liked in the past. Additionally, we may contact you to confirm that you received the requested information and to understand if you have any additional questions. Also, we may use your information in a de-identified fashion for legitimate business purposes, including analyzing and reporting on the nature of requests, identifying trends and to make improvements to our Site and materials. Additionally, we may use and/or disclose your personal information as required by law or regulation, or as requested by government authorities or for the protection of persons or property.
How do we safeguard personal information?
We utilize reasonable measures to protect personal information against loss, manipulation, falsification, unauthorized access, or unauthorized disclosure. Due to the design of the Internet and networking and computing technologies, we cannot guarantee that communications between you and the Site will be free from unauthorized access by third parties.
Will we disclose the personal information that we collect?
Your personal information will be shared within the Caterpillar enterprise (e.g., its affiliates and subsidiaries) and disclosed with the applicable Caterpillar dealer(s) in the applicable service region. We may disclose your personal information when it is necessary to answer your inquiry or to fulfill the purposes of the Site. In any case, the disclosure of personal information is only to those with a legitimate business reason to access the information. Notwithstanding the above disclosures, we will disclose personal information when required or permitted by law or according to relevant corporate policies.
By providing personal information to us, you consent to the collection and use of the personal information in accordance with the purposes described in this privacy notice. Since this service is available to individuals in a variety of global locations, you are also consenting to transferring your personal information to countries or jurisdictions that may not provide the same level of data protection as the legal jurisdiction in which you are located.
We do not want to collect or maintain information from those under the age of 13. No part of our Site is structured to attract anyone under the age of 13. By using our Site, you represent that you are not less than 13 years of age.
Where can I obtain further information about this privacy notice?
To make a request to access, update or delete your personal information (including to opt-out of future advertising, marketing or opinion poll communications from Caterpillar), or for additional information about this privacy notice, please contact us at:
Attn: Customer Interaction Center
100 N.E. Adams Street Peoria, IL 61629
Or you may contact Caterpillar's Office of Business Practices at http://codeofconduct.cat.com/ or by calling +1 (800)-300-7898.
What happens if this privacy notice changes?
We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the Site following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.
Last Revised: 2/26/2015
When you visit this Site we will send you a cookie. A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.
The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.
Social Media Photo And Video Terms And Conditions
SOCIAL MEDIA PHOTO AND/OR VIDEO SUBMISSION PROMOTIONS TERMS AND CONDITIONS
By replying with #YesCaterpillar, I hereby agree to the following Terms & Conditions for Social Media Photo Submission Promotions:
1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS and INTELLECTUAL PROPERTY. I hereby grant to Caterpillar Inc. ("Caterpillar"), its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties' promotional hashtag (collectively, the "Content") on the www.cat.com, www.caterpillar.com, and other websites controlled by Caterpillar or its subsidiaries and affiliated companies (collectively, "Caterpillar Websites"), Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, "Platforms"), and in other print, audio and video marketing and advertising avenues ("Advertising").
I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publically displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.
I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with Caterpillar's Privacy Statement (http://www.cat.com/en_US/legalnotices.html#privacy)
2. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Platforms, I will be in compliance with the terms and conditions of such Platforms.
You should carefully read the privacy statements of any such Platforms.
3. TAKEDOWN. If I want my Content removed from the Platforms, Caterpillar Websites and Advertising, I will send an e-mail message to: Info_Cat@cat.com
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER. I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content.
I hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder, (b) violation of these Social Media Photo And/Or Video Submission Promotions Terms And Conditions, or (c) violation of any law(s), regulation(s) or third party rights.
I shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
6. NO OBLIGATION TO USE. I understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, Caterpillar Websites, or Advertising at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.