THE SITE IS OFFERED AND IS ONLY AVALABLE TO USERS WHO RESIDE IN THE UNITED STATES OR ANY OF ITS POSSESSIONS OR TERRITORIES.
- Online Sales of Products
- Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any service or Content we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- USE OF SITE
- Access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the 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 the Site, or any other systems or networks connected to the Site or to any server, including by hacking, password "mining" or any other illegitimate means.
- Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Caterpillar, including but not limited to personally idenrifiable information.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Caterpillar's systems or networks, or any systems or networks connected to the Site or to Caterpillar.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person's use of the Site.
- Distribute viruses or any other technologies that may harm Caterpillar or the interests of the property of any other person or entity, including any other user of the 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 the Site.
- Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- INTELLECTUAL PROPERTY
- 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 Site 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 Site ("Caterpillar IP").
- That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to the Site or Content.
- No part of the 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. Such requests for consent may be initiated at: www.cat.com/logo.
- That all marks that appear throughout the Site 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.
- GRANT OF LICENSE
- Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Site or Content.
- Sublicense, lease, sell, rent, loan, or otherwise transfer the Site or Content to any third party.
- Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for the Site or Content.
- Use the Site or Content in a "service bureau" or similar structure whereby third parties obtain use of the 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 the Site or Content.
- COPYRIGHT AGENT 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 the Site 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 the Site can be reached as follows:
100 N.E. Adams St.
Peoria, IL 61629-9620
When you access or use the 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 the Site, to improve Caterpillar products and services, and to enable Caterpillar dealers to understand who within its service territory is using the Site. 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 the 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 the 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.
- INTERACTIVE FORUMS AND USER MATERIALS
- Upload to, distribute or otherwise publish through the 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 the Site, including the discussion forums or interactive areas of the Site.
- NO WARRANTIES
- 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.
- UPDATING SITE
- LINKED SITE
The Site may contain links to other independent third-party Web Site or resources ("Linked Site"). These links to Linked Site are provided solely as a convenience to you. Such Linked Site are not under Caterpillar's control, and Caterpillar is not responsible for and does not endorse the content of such Linked Site, including any information or materials contained on such Linked Site. You will need to make your own independent judgment regarding your interaction with these Linked Site. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.
- IMPORT AND EXPORT COMPLIANCE
You may not use or otherwise export or re-export the Site or Content except as authorized by United States law and the laws of the jurisdiction in which the Site or Content was obtained. In particular, but without limitation, the Site 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 Site 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 the 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 Site 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 the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The 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 the Site, or your use of the 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.
- ENTIRE AGREEMENT