MYPARTS.CAT.COM TERMS OF USE

Welcome to myParts.Cat.Com, a Caterpillar Inc. website. These terms of use (these "Terms of Use") contain the terms and conditions that govern your access to and use of myparts.cat.com (the "Site", including all data, text, graphics, user interfaces, interactive features, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Site ("Content")). This is an agreement between you or the entity you represent ("you") and Caterpillar Inc., a Delaware corporation with offices located at 100 N.E. Adams St., Peoria, IL 61629 (together with our subsidiaries or affiliates that may utilize the Site for transactions or otherwise to make Content available to you, "Caterpillar," "we," "us," or "our"). Caterpillar is willing to grant you access to and use of the Site solely upon your acceptance of all these Terms of Use without any modification.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OF USE AND THE USE OF THE SITE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETALED IN THE "DISPUTE RESOLUTION AND MANDATORY ARBITRATION" SECTION BELOW.

THE SITE IS OFFERED AND IS ONLY AVALABLE TO USERS WHO RESIDE IN THE UNITED STATES OR ANY OF ITS POSSESSIONS OR TERRITORIES.

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE.

We reserve the right, in our sole discretion, to update, modify, amend, restate or replace all or any portion of these Terms of Use at any time. Your continued access to and use of the Site following the posting of any changes to these Terms of Use constitutes your binding agreement and acceptance of those changes. Please review the most current version of these Terms of Use at any time at http://myparts.cat.com.

  • Online Sales of Products
    If you wish to purchase any products offered on the Site, you must first review and agree to the Terms and Conditions for the Online Sale of Goods ("Terms of Sale"). If there is a conflict between these Terms of Use and the Terms of Sale, the latter shall control with respect to your purchase of products on the Site.
  • 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.
    • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

    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.

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  • USE OF SITE
    You may access and use the Site solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Caterpillar policies applicable to the access and use of the Site, including those laws, rules and regulations that apply to online conduct and online content. In addition you will not:
    • 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.
    • Use the Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Caterpillar or others.
  • INTELLECTUAL PROPERTY
    Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:
    • 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
    Caterpillar grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Site solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. This license does not include the right to purchase or otherwise acquire any products offered on or through the Site which may only occur pursuant to and in accordance with the Terms of Sale (as defined below). In addition, you may not:
    • 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.
    • Otherwise use or copy the Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
    • 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:
    Copyright Agent
    100 N.E. Adams St.
    Peoria, IL 61629-9620
    Email: CopyrightAgent@caterpillar.com

  • PRIVACY
    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.
  • Submissions
    Do not use the Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in these Terms of Use, the Terms of Sale for your transactions with the Site, or in a written agreement with Caterpillar applicable to your particular use of the Site, any submission of materials by you will be considered a contribution to Caterpillar for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Caterpillar, or postings on the Site, are non-confidential (subject to Caterpillar's Privacy Policy) and shall become the sole property of Caterpillar. Caterpillar shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Caterpillar, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
  • INTERACTIVE FORUMS AND USER MATERIALS
    The Site may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:
    • 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

    CATERPILLAR, ITS DEALERS, CONTRACTORS, SUPPLIERS, AFFILIATES AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, CONTRACTORS, LICENSORS, AGENTS, SUCCESSORS AND ASSIGNS (THE "CATERPILLAR PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CATERPILLAR PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITE AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITE AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

  • LIMITATION OF LIABILITY; REMEDY

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE CATERPILLAR PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF CATERPILLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL THE CATERPILLAR PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO CATERPILLAR WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

    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.

  • INDEMNIFICATION
    You agree to indemnify, defend and hold harmless each of the Caterpillar Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of the Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Caterpillar Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
  • TERMINATION
    Caterpillar, in its sole discretion, may terminate your username and password and/or your right to access or use the Site and Content at any time for any reason. The license granted herein will automatically terminate without further action of Caterpillar if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Site and Content and destroy all copies, full or partial, of any confidential information of any of the Caterpillar Parties ("Confidential Information") in your control or possession. At Caterpillar's request, you will provide Caterpillar with a written statement signed by you or your duly authorized representative certifying that the all Confidential Information has been so destroyed. The provisions under the headings Intellectual Property Rights, Submissions, Interactive Forums and User Materials, No Warranties, Limitation of Liability; Remedy, Indemnification, Termination, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution and Mandatory Arbitration, Choice of Law, Severability and Entire Agreement shall survive the termination of these Terms of Use.
  • UPDATING SITE
    We reserve the right, in our sole discretion, to change any and all Site and Content at any time without notice, including the removal of the Site and Content. As new or enhanced versions of the Site are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by Caterpillar, any new or enhanced versions of the Site and Content are subject to these Terms of Use.
  • 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
    You agree that you will not assert against Caterpillar any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts on which the claim or cause of action are based were or could, with the exercise of reasonable diligence, have been known to you.
  • DISPUTE RESOLUTION AND MANDATORY ARBITRATION
    All disputes, claims and controversies relating in any way to your use of the Site or Content, or to any products or services sold or distributed by the Site, or otherwise arising out of or relating to these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

    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.

    The arbitration panel shall consist of one individual appointed by Caterpillar and you. Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If Caterpillar and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms of these Conditions of Use.

    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
    These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

    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
    These Terms of Use (including, to the extent applicable, the Terms of Sale) constitutes the entire agreement between you and us with respect to the Site, and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.
  • INQUIRIES
    Should you have any questions concerning these Terms of Use, write to Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn: Caterpillar Customer Interaction Center.