Use of Site and Content
- 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 personal identification or 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 or Content, any transaction being conducted on the Site, or with any other person's use of the Site or Content.
- 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 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 Rights
- 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, contained on the Site (“Caterpillar IP”).
- You have no right, license, or interest in any Intellectual Property Rights in connection with or relating to the 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 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.
- 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 the marks appearing throughout the Site and Content 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 Site 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 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.
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 this site can be reached as follows:
100 N.E. Adams St.
Peoria, IL 61629-9620
By accessing the Site, you consent to the collection, storing, processing, use, sharing and disclosure of information, as described in the Data Governance Statement and the Privacy Statement. The Data Governance Statement or the Privacy Statement may change from time to time, so review them with regularity and care. The Site may also collect and process other information arising from access to or use of the Site or that is otherwise communicated through access to or use of the Site, including information collected from other sources (whether provided by third parties or Caterpillar) that make such information available to the Site. The information collected, stored, processed, used, shared or disclosed by or through the Site is referred to as “Site Information.”
Some features of the Site and Content may require use of various communications systems, such as telematics wireless communications carriers, satellite-based communication systems, internet service providers and other similar systems. Caterpillar uses various technologies and processes designed to secure communications within Caterpillar-provided communications systems; however, you recognize that such communication methods have an inherent risk of interception and/or interference and, therefore, may not be secure. You hereby consent to such communications and waive any claims that you may have against Caterpillar with respect to such communication. Caterpillar has no responsibility for the availability, quality or performance of communications services or equipment furnished by third-party communication carriers. To the extent not prohibited by applicable laws, Caterpillar may use such communication systems to remotely access and program Assets (as defined in the Data Governance Statement), including telematics devices installed on Assets, for any purpose, including by way of example, (a) to install updates and upgrades to software, firmware, or operating systems (for example, to enhance safety, security or maintain proper operation of Assets); or (b) to introduce new features, and/or change the type and frequency of data transmitted through telematics devices (for example, to conduct remote troubleshooting and/or provide increased customer value). Caterpillar cannot guarantee that user preferences and configuration settings that have been established by You will be preserved following an update to Assets, whether performed remotely or otherwise. Except to the extent prohibited by applicable Laws, Caterpillar may perform such activities without notifying You or the owner of the machines or equipment associated with the Assets.
If Caterpillar receives any order, demand, warrant, or any other document requesting or purporting to compel the production of Personal Information in the Site User Data (including, for example, by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands or other similar processes), Caterpillar will promptly notify you (to the extent permissible under applicable laws), so that you may, at your own expense, exercise such rights as you may have under applicable laws to prevent or limit such disclosure. Notwithstanding the foregoing, Caterpillar will exercise commercially reasonable efforts to prevent and limit any such disclosure and to otherwise preserve the confidentiality of Personal Information in the Site User Data and will cooperate with you with respect to any action taken with respect to such request, complaint, order or other document, including to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to such Personal Information.
Authorized Users, Passwords, License Keys and Security
You agree that the Site and Content may be accessed or used only by your company. For that purpose your company will designate authorized users that you authorize to access or use the Site and Content ("Authorized User"). Certain functions of the Site and Content may be restricted to Authorized Users that have acquired an appropriate license from Caterpillar or an authorized Caterpillar dealer. In addition, Caterpillar limits access to and use of certain functions of the Site and Content to only authorized Caterpillar dealers, as Caterpillar, in its sole discretion, deems appropriate, and no rights to obtain license keys for such functions is granted herein. Your right to use the Site and Content are subject to your registration as an Authorized User, our delivery to you of an appropriate license key, if any, and your payment of all fees, if any such fees are imposed by Caterpillar for use or access to certain Site or Content.
The Site may include various protection mechanisms to prevent use of the Site and Content until you become registered as an Authorized User and the use of certain functions of the Site and Content without the appropriate license keys. In order to log on and use certain Site and Content, Authorized Users may be asked to provide Caterpillar with true, accurate, current and complete registration information and update such information as necessary. Should Caterpillar have reasonable grounds to suspect that any information provided by an Authorized User is inaccurate, incomplete or untrue, it shall have the right to suspend or terminate your and such Authorized User's right to use the Site and Content.
Upon the initial logon to the Site, Authorized Users may be required to create an username and password, which will be needed to access certain features of the Site and Content. Each time that an Authorized User logs onto the Site, certain information, including the username, may be sent in communications with the servers hosted by Caterpillar or its service providers. This information may be used to access such Authorized User's account and other personalized features. Caterpillar or its service providers may match the username to personally identifiable information in order to provide the Authorized User with the Site and Content that the Authorized User is entitled to and to provide relevant data and information.
You hereby agree that you have complied and will comply with all applicable laws relating to the transmission and use of such data and information, including any personally identifiable data contained therein and have provided and will provide all required notices to, and have obtained and will obtain all necessary consents from, your designated Authorized Users and complied fully with your obligations under the relevant legislation.
You are responsible for maintaining the confidentiality of your designated Authorized Users' usernames and passwords and are fully responsible for all activities that occur on the Site under your designated Authorized Users' usernames and passwords. We reserve the right to require you to change your designated Authorized Users' username in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Caterpillar of any unauthorized use of Authorized Users' username, password, or any other breach of security, and to ensure that Authorized Users logout at the end of each session.
We may charge fees, including subscription fees, for certain Content. By accessing or using such fee-based Content; you agree to pay such fees on the terms and conditions set forth for such Content. We reserve the right to change our fee structures for the Site or Content from time to time. Except for promotional changes, changes to fees and payment terms will be posted on, or made available through, the Site at least fourteen days prior to the changes taking effect. We may choose to temporarily change the fees or payment terms for the Site or Content for promotional events (for example, free or reduced rate days), and such changes are effective when we post the temporary promotional event on the Site.
When you access or use the Site or Content, it may ask you for 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 Site and Content. 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 or Content, 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 or Content, you consent to the collection, processing and transfer of the information by Caterpillar consistent with this paragraph. Our Privacy Statement provides additional information on our data collection and processing practices on the websites described therein. For details about how other information may be collected and otherwise processed by Caterpillar, please see our Data Governance Statement. We may update our Privacy Statement at any time. Additional or different privacy policies may apply to specific Networked Sites or Content.
Interactive Forums and User-Provided Content
- Upload to, distribute or otherwise publish through the Site any User-Provided Content that is unlawful, misleading, 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-Provided Content 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-Provided Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User-Provided Content, you represent and warrant that you have the lawful right to distribute and reproduce such User-Provided Content.
- 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-Provided Content 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-Provided Content provided by its users. Caterpillar has the right, but not the obligation, to monitor any activity and User-Provided Content 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-Provided Content. Caterpillar reserves the right and has absolute discretion, to remove, screen or edit any User-Provided Content that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User-Provided Content you upload or transmit to the Site, including the discussion forums or interactive areas of the Site.
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 Site may contain links to other independent third-party websites 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 Site and 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.
ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE
Notices and Information
Contractual Statute of Limitations
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 on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, such Content or Site is not intended for you, and we ask you not to use the Content or Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
100 N.E. Adams St.
Peoria, IL 61629-6490
Attn: Deputy General Counsel
Updated March 21, 2018