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
IMPORTANT! PLEASE READ THESE CATERPILLAR INC. SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY CATERPILLAR INC. (“CATERPILLAR” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF CATERPILLAR’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE CATERPILLAR INC. SMS TERMS AND CONDITIONS. FURTHERMORE, THESE CATERPILLAR INC. SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH CATERPILLAR ARE RESOLVED.
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Caterpillar and others texting on its behalf, including text messages made with an automatic telephone dialing system (“autodialer”), at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not required. In addition, consent is not a condition of any purchase.
Caterpillar and its service providers may use an autodialer to deliver text messages to you. Caterpillar text messages are intended to provide you with marketing and promotional information regarding Caterpillar products and services (e.g., events and promotions offered by Caterpillar or any of its authorized dealers). We may also provide you with transaction-related information.
The number of Caterpillar text messages that you receive will vary depending on which Caterpillar text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs. You will receive a maximum of three messages per week per Caterpillar text messaging program.
Message and data rates may apply to each text message sent or received in connection with Caterpillar text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Caterpillar does not impose a separate fee for sending Caterpillar text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In
To opt-in to receive text messages from a Caterpillar text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).
How to Opt-Out
To stop receiving text messages from a specific Caterpillar text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you will then receive one (1) final message from Caterpillar confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Caterpillar text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Caterpillar immediately if you change your mobile telephone number. You may notify Caterpillar of a number change by contacting Caterpillar Customer Care at 1-888-228-1460. You agree to indemnify Caterpillar in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Caterpillar if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Caterpillar’s control, and Caterpillar is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others. Carriers are not liable for delayed or undelivered messages. T-Mobile® is not liable for delayed or undelivered messages.
To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting Caterpillar Customer Care at 1-888-228-1460.
To receive Caterpillar text messages, you must be a resident of the United States and 18 years of age or older. Caterpillar reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Caterpillar may revise, modify, or amend these Caterpillar Inc. SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Caterpillar’s website (https://shop.cat.com/en/usa-parts).You agree to review these Caterpillar Inc. SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Caterpillar text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of Caterpillar text messages if we believe you are in breach of these Caterpillar Inc. SMS Terms and Conditions. Your receipt of Caterpillar text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Caterpillar reserves the right to modify or discontinue, temporarily or permanently, all or any part of Caterpillar text messages, with or without notice.
Your privacy is important to us. Please visit https://shop.cat.com/en/usa-parts/privacy to review our privacy statement.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your receipt or use of Caterpillar text messages will be resolved by binding arbitration, rather than court. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Caterpillar or Caterpillar's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Caterpillar may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Caterpillar hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Caterpillar Inc. Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CATERPILLAR ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CATERPILLAR AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Illinois, or any other location we mutually agree to, subject to Illinois law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
OPT-OUT OF AGREEMENT TO ARBITRATE:
You can decline this agreement to arbitrate by emailing Caterpillar at Caterpillar_Customer_Care@cat.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Caterpillar Inc. SMS Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Caterpillar Inc. Terms and Conditions.
Limitation of Libability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Illinois.
If any term of these Caterpillar Inc. Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.