PRIVACY STATEMENT
Introduction
Caterpillar Inc. is committed to providing customers, dealers, and suppliers with the best value products and services in the field and online. Caterpillar Inc. recognizes and respects your online privacy. This privacy statement is being provided to you to explain what information Caterpillar Inc. is collecting from you through your use of this website (this "Site") and how it uses this information.
This privacy statement applies to information collected through this Site and it does not apply to information that we collect through other means (e.g., other websites or other methods such as telephone calls), or to information collected on any other company or third-party site regardless of whether such site links to or is accessible from this Site. You should carefully read the privacy statements of any other websites.
Collection and Use of Information
Technical and Usage Information
When you visit this Site, it automatically collects certain information about you
and your request (e.g., your Internet Protocol ("IP") address, the content that
you request), and other information provided by your browser (e.g., browser name,
referral site). This information may be used to improve the content and usefulness
of this Site, to understand your usage of the Site and to customize content based
on your usage. Additionally, this Site makes use of "cookies". Please see our cookie statement for additional information.
Interactively Provided Information
In addition to the technical data noted above, you may provide personal information
through this Site through various forms to inquire about or receive Caterpillar
Inc. events, products, services, offers, and general information. In each case your
personal information will be used to fulfill your request (e.g., if you sign up
for a newsletter then your information will be used to provide you with a copy of
that newsletter). In addition, you have the option to select (i.e., "opt-in") to
receive marketing communications. If you do then your personal information and your
Site usage will used to customize and deliver future communications, including without
limitation through email.
Questions on forms that are required (as opposed to optional) will be designated by a red asterisk (*).
You may notify us in writing if you do not wish to be marketed to by Caterpillar Inc. at the address below (please see "Contacting Caterpillar" below).
Disclosures of Information
Your personal information will be shared within the Caterpillar Inc. enterprise
globally (e.g., its affiliates and subsidiaries worldwide) and disclosed with the
applicable Caterpillar dealer(s) in the applicable service region(s). We may disclose
your personal information to answer your inquiry or to fulfill the purposes of the
Site or to service providers to process the information on Caterpillar Inc.'s behalf.
In any case, the disclosure of personal information is only to those with a legitimate
business reason to access the information. Notwithstanding the above disclosures,
we will disclose personal information when required or permitted by law or according
to relevant corporate policies.
Caterpillar Inc. may also disclose personal information in response to legal process, such as a court order or subpoena, and any personal information that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving Caterpillar Inc. or its assets.
Children
We do not want to collect or maintain information from those under the age of 13.
No part of this Site is structured to attract anyone under the age of 13. By using
our Site, you represent that you are not less than 13 years of age.
Security
Caterpillar Inc. cares about the safety and security of your transaction(s) at this
Sitee. We redirect visitors to a secure server to transfer and receive certain types
of sensitive information, such as credit card information, and take precautions
against physical and electronic intrusion to protect against loss, misuse, or alteration
of information that we have collected from visitors to this Site.
Accessing or Updating
Your Information Upon request, and after providing satisfactory proof of identity,
individuals will be given reasonable access to and, if appropriate, the option to
update or delete the personal information they have provided through this Site.
Contacting Caterpillar Inc.
To make a request to access, update or delete your personal information (including
to opt-out of future advertising, marketing or opinion poll communications from
Caterpillar Inc.), or for additional information about this privacy statement, please
contact us at:
Caterpillar Inc.
Attn: Business Construction Products
400 Regency Forest Dr, Suite 400, Cary, NC 27518
for other inquiries including receiving additional information about this privacy statement, please contact:
Caterpillar Inc.
Attn: Customer Interaction Center
100 N.E. Adams Street Peoria, IL 61629
Or you may contact Caterpillar's Office of Business Practices at http://codeofconduct.cat.com/ or by calling (800)-300-7898.
Links
This Site may contain links to other sites. Caterpillar Inc. has no control over
the information and privacy policies and practices of those websites, and is not
responsible for their content, collection and use of information, or freedom from
error or viruses. It is your responsibility to recognize, by paying attention to
your browser's address bar, when you are leaving this Site.
Changes and Modifications
Caterpillar Inc. reserves the right to change or replace this Privacy Statement
at any time. Changes will be posted here before the new Statement becomes effective.
Please review this page periodically to remain apprised of our current policies
and practices.
Legal Statement
This Privacy Statement forms part of the Terms & Conditions for use of this
Site. You should also review the Terms & Conditions, as your use of this Site
and any dispute arising under this Privacy Statement is subject to the terms and
conditions contained therein.
Your Consent
By providing personal information to us, you consent to the collection and use of
the personal information in accordance with this privacy statement. This Site is
hosted in the United States of America. Since this service is available to individuals
in a variety of global locations, you are consenting to transferring your personal
information to countries or jurisdictions that may not provide the same level of
data protection aw the legal jurisdiction in which you are located.
Last Revised: August 16, 2013
Cookies
When you visit this Site we will send you a cookie. A cookie stores a small data
file on your computer. This file enables us to recognize you each time you visit
us. Cookies help us in many ways, for example, by saving your region and language
preference and for purposes of collecting non-personal data.
If you do not allow this website to use cookies, then certain features or sections of the Site may not be available to you or may not function as expected. Cookies can also be removed or blocked by following the help directions in your browser.
Browser Settings
The Help feature on most browsers will tell you how to prevent your browser from
accepting new cookies, how to have the browser notify you when you receive a new
cookie and how to disable cookies altogether. Additionally, you can disable or delete
similar data used by browser add-ons, such as Flash cookies, by changing the add-on's
settings or visiting the website of its manufacturer.
Internet Advertising
We use cookies, web beacons (also known as action tags or single-pixel gifs), and
other technologies (collectively, "cookies"). Cookies enable us to learn
about what content you see, what ads you click, and other actions you take on this
Site and other sites. This allows us to provide you with more useful and relevant
content. We do not associate your interaction with unaffiliated sites with your
identity. We do not provide any personal information to advertisers or to third
party sites that display our interest-based ads.
Click here for additional details about the use of Cookies on catresourcecenter.com.
These Terms of Use ("Terms of Use") contain the terms and conditions that govern your access to and use of Caterpillar websites (the "Site" or "Sites," including www.cat.com; all networked websites operated by Caterpillar and its subsidiaries ("Networked Sites"), and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("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 61219 (together with our subsidiaries that may make any Sites available to you, "Caterpillar," "we," "us," or "our"). Caterpillar is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of this Terms of Use without modification.
BY ACCESSING OR USING ANY Site, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOUARE AUTHORIZED TO ACCESS AND USE THE SITES 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 TEMRS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at http://www.catresourcecenter.com.
Networked Websites
Caterpillar uses http://www.catresourcecenter.com
as an entry into many networked websites operated by Caterpillar and its subsidiaries
("Networked Sites"). Notwithstanding anything to the contrary
in these Terms of Use, additional or different terms and conditions may apply to
certain Networked Sites. If applicable, such additional or different terms
and conditions will be posted on the relevant Networked Sites. If a Networked
Site has imposed additional or different terms and conditions, the provisions of
that Networked Site shall control in the event of a conflict with these Terms of
Use. Except as expressly supplemented or superseded as described herein, these
Terms of Use apply to all Networked Sites and control your use thereof.
Use of Site
You may access and use the Sites 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 Sites, including those laws, rules and regulations
that apply to online conduct, online content, and the export of data to and from
the United States and your country of residence. In addition you will not:
Intellectual Property Rights
Except to the extent expressly provided in these Terms of Use under the heading
"Grant of License", you agree and acknowledge:
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 Sites solely in
a commercially reasonable manner for your legitimate internal business purposes
and purposes otherwise consistent with these Terms of Use. You may not:
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 its Sites
of materials that infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide Caterpillar's Copyright Agent all of the following information required
by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. § 512:
Caterpillar's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent
Attn: David J. Pacheco
100 N.E. Adams St.
Peoria, IL 61629-9620
Email: copyrightagent@cat.com
Submissions
Do not use this Site as a means of submitting information you consider to be proprietary.
Except as otherwise expressly provided in the terms of use for your transactions
with a Networked Site or in a written agreement with Caterpillar applicable to your
particular use of a Networked 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 this 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.
Privacy
When you access or use any Site, it may ask you for optional personal information
(including your name and an identifier for your computer). Caterpillar collects
such information, along with system information about the computer that you are
using, including, the name of your computer, the operating system in use on your
computer, the version of the software you are running and the IP address of your
computer in order to validate that you are authorized to use this Program, to improve
Caterpillar products and services, and to enable Caterpillar dealers to understand
who within its service territory is using the Sites. Caterpillar may provide
such information to its affiliates, subsidiaries or other trusted businesses or
persons, including Caterpillar dealers. Caterpillar will take reasonable and
appropriate precautions to protect the confidentiality of such information; however,
Caterpillar may, or you may by using any Site, transmit such information to a jurisdiction
that does not provide the same level of data protection as the legal jurisdiction
in which you are located. By entering such information and/or using any Site,
you consent to the collection, processing and transfer of the information by Caterpillar
consistent with this paragraph. Our Privacy Statement
provides additional information on our data collection and processing practices
on the Websites described therein. We may update our Website Privacy Statement
at any time. Additional or different privacy policies may apply to specific
Sites.
Interactive Forums and User Materials
The Sites 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:
Caterpillar has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Caterpillar may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Caterpillar reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
Forward Looking Statements
The Sites, and any documents issued by Caterpillar available through any Site, may
contain statements that relate to future events and expectations and are forward-looking
statements within the meaning of the Private Securities Litigation Reform Act of
1995. Words such as "believe," "estimate," "will be," "will," "would," "expect,"
"anticipate," "plan," "project," "intend," "could," "should" or other similar words
or expressions often identify forward-looking statements. All statements other
than statements of historical fact are forward-looking statements, including, without
limitation, statements regarding our outlook, projections, forecasts or trend descriptions.
These statements do not guarantee future performance, and we do not undertake to
update our forward-looking statements. Caterpillar's actual results may differ
materially from those described or implied in our forward-looking statements based
on a number of factors, including, but not limited to: (i) global economic conditions
and economic conditions in the industries and markets we serve; (ii) government
monetary or fiscal policies and infrastructure spending; (iii) commodity or component
price increases, fluctuations in demand for our products, or limited availability
of raw materials and component products, including steel; (iv) our and our customers',
dealers' and suppliers' ability to access and manage liquidity; (v) political and
economic risks and instability, including national or international conflicts and
civil unrest; (vi) our and Cat Financial's ability to: maintain credit ratings,
avoid material increases in borrowing costs, and access capital markets; (vii) the
financial condition and credit worthiness of Cat Financial's customers; (viii) changes
in interest rates or market liquidity; (ix) changes in financial services regulation;
(x) inability to realize expected benefits from acquisitions, including ERA Mining
Machinery Limited, and divestitures, including the divestiture of the Bucyrus International,
Inc. distribution business to our independent dealers; (xi) international trade
and investment policies; (xii) market acceptance of our products and services; (xiii)
changes in the competitive environment, including market share, pricing and geographic
and product mix of sales; (xiv) successful implementation of capacity expansion
projects, cost reduction initiatives and efficiency or productivity initiatives,
including the Caterpillar Production System; (xv) inventory management decisions
and sourcing practices of our dealers or original equipment manufacturers; (xvi)
compliance with environmental laws and regulations; (xvii) alleged or actual violations
of trade or anti-corruption laws and regulations; (xviii) additional tax expense
or exposure; (xix) currency fluctuations; (xx) our or Cat Financial's compliance
with financial covenants; (xxi) increased pension plan funding obligations; (xxii)
union disputes or other labor matters; (xxiii) significant legal proceedings, claims,
lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions
legislation and/or regulations are adopted; (xxv) changes in accounting standards;
(xxvi) failure or breach of information technology security; (xxvii) adverse effects
of natural disasters; and (xxviii) other factors described in more detail under
the sections captioned "Management's Discussion and Analysis" and "Risk
Factors" in our Form 10-K filed most recently filed with the U.S. Securities
and Exchange Commission.
Press Releases
The Content contained within press releases issued by Caterpillar should not be
deemed accurate or current except as of the date the release was posted. Caterpillar
has no intention of updating, and specifically disclaims any duty to update, the
information in the press releases. To the extent any information therein is forward-looking,
it is intended to fit within the safe harbor for forward-looking statements, and
is subject to material risk.
No Warranties
CATERPILLAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES,
AGENTS AND LICENSORS (THE "CATERPILLAR PARTIES") DISCLAIM ANY RESPONSIBILITY
FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: (a) THE SITES 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, 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 SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS
TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED
OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES 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 SITES 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 ANY 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 CATERPILLAR'S 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 any 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
your right to access or use the Sites 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 Sites and Content and destroy all
copies, full or partial, of all Confidential Information. 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 No Warranties,
Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export
Compliance, Contractual Statute of Limitations, and Choice of Law; Severability
shall survive the termination of these Terms of Use.
Updating Sites
We reserve the right, in our sole discretion, to change any and all Sites and Content
at any time without notice, including the removal of any Sites and Content.
As new or enhanced versions of the Sites 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 Sites, Content
and Services are subject to the terms of these Terms of Use.
Linked Sites
The Sites may contain links to other independent third-party Web sites or resources
("Linked Sites"). These Linked Sites are provided solely as a convenience
to you. Such Linked Sites are not under Caterpillar's control, and Caterpillar is
not responsible for and does not endorse the content of such Linked Sites, including
any information or materials contained on such Linked Sites. You will need to make
your own independent judgment regarding your interaction with these Linked Sites.
Import and Export Compliance
You may not use or otherwise export or re-export the Sites or Content except as
authorized by United States law and the laws of the jurisdiction in which Site,
Content and Service Offerings was obtained. In particular, but without limitation,
the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
You represent and warrant that your access and use of the Sites and Content will
not violate any such laws and that you are not located in any such country or on
any such list. You also agree that you will not use any Site or Content for any
purposes prohibited by United States law, including, without limitation, the development,
design, manufacture or production of nuclear, missiles, or chemical or biological
weapons.
U.S. Government Rights
The Sites and Content are "Commercial Items", as that term is defined
at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in
48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are being licensed
to U.S. Government end users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the terms and conditions
herein.
Contractual Statute of Limitations
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 are based
were or could, with the exercise of reasonable diligence, have been known to you.
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 this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Entire Agreement
These Terms of Use (including, to the extent applicable, any additional terms and
conditions for any particular Networked Site and any end user license agreement
for any associated software, including mobile applications) constitutes the entire
agreement between you and us with respect to the Sites, 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: Deputy General Counsel,
Commercial Section.
SOCIAL MEDIA PHOTO AND VIDEO TERMS AND CONDITIONS
By replying with #YesCaterpillar, I hereby agree to the following Terms & Conditions for Social Media Photo Submission Promotions: