TERMS OF USE

Welcome towww.catpeijian.cn, a website designed for users who reside in the People’s Republic of China (“PRC,” excluding Hong Kong, Macau and Taiwan for the purpose of these Terms of Use), and owned and operated by Caterpillar (Shanghai) Trading Co. Ltd. These terms of use(these "Terms of Use") contain the terms and conditions that govern your access to and use ofcatpeijian.cn(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 and Caterpillar (Shanghai) Trading Co. Ltd., a corporation with offices located at Room A-1225 F12 Guomao Mansion, No.188 Yesheng Road, Yangshan Bonded Port Shanghai, the PRC ("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. Any guidelines, policies and rules posted on the Site by Caterpillar at present or in the future as amended or updated from time to time (collectively referred to as “Caterpillar Policies”) and any other terms referred to in these Terms of Use shall also be deemed incorporated into these Terms of Use. In case of any conflict, the most recent terms shall control.

Before you click to agree to these Terms of Use in the registration process, you should read these Terms of Use carefully.YOU SHOULD READ AND UNDERSTAND THE CONTENT OF EACH TERMS (INCLUDING THE CONTENT OF TERMS PROVIDED THROUGH THE HYPERLINKS), ESPECIALLY THE TERMS EXEMPTING OR LIMITING LIABILITIES, THE TERMS ON APPLICABLE LAW AND DISPUTE RESOLUTION. THE TERMS EXEMPTING OR LIMITING LIABILITIES ARE IN CAPITAL AND BOLD FOR YOUR ATTENTION. Should you have any questions to these Terms of Use, you may contact the customer service for consultation.

BY CHECKING THE CHECKBOX BEFORE “I HAVE READ AND ACCEPTED CATERPILLAR TERMS OF USE AND PRIVACY NOTICE,” OR ANY BUTTON INDICATING ACCEPTANCE OF THESE TERMS OF USE OR BY ACCESSING OR USING THE SITE, IT WILL BE DEEMED AS THAT YOU HAVE READ THROUGH, UNDERSTOOD AND ACCEPTED ALL THE CONTENTS OF THESE TERMS OF USE, AND REACHED AGREEMENT WITH CATERPILLAR,AND YOU ARE REPRESENTING THAT YOU LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE. IN PARTICULAR, YOU HAVE THE CAPACITY AS REQUIRED UNDER THE APPLICABLE LAW FOR CONDUCTING ANY OF YOUR ACTIVITIES ON THE SITE. IF YOU DO NOT HAVE SUCH CAPACITY, YOU AND YOUR GUARDIAN(S) SHALL ASSUME ALL THE CONSEQUENCES ACCORDING TO THE APPLICABLE LAW.IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE.

1. ONLINE SALES OF PRODUCTS

1.1 The products and/or services offered for sale on the Site are provided by the dealers engaged by Caterpillar’s affiliates for developing, promoting the sale of Cat® products and/or products of other brands owned by Caterpillar or its affiliates and providing after sales support services to users of such products (“Dealer”). Each Dealer is an independently owned and operated legal entity. Any online transaction that you initiate on the Site will be a transaction between you and the specific Dealer which you have elected to place the order(s) to and has accepted your order. Therefore, your transaction will be subject to the transaction rules (including but not limited to the Dealer’s terms and conditions on the online sales of goods, warranty policy, return policy, logistics policy, etc. posted on the Site, whatever those documents’ actual titles are, collectively referred to as “Dealer Terms of Sale”) as established between you and each such Dealer. If you wish to purchase any products or services offered on the Site, you should first review and agree to such Dealer Terms of Sale that are posted on the online store operated by that specific Dealer on the Site (“Dealer e-Site”). If there is a conflict between these Terms of Use and the Dealer Terms of Sale, the latter shall control with respect to your purchase of products and/or services on the Dealer e-Site.

1.2CATERPILLAR IS NOT A PARTY TO YOUR TRANSACTIONS WITH DEALER(S), NOR DOES CATERPILLAR HAS AUTHORITY TO MAKE ANY LEGALLY BINDING COMMITMENT ON BEHALF OF ANY DEALER. THEREFORE, CATERPILLAR DISCLAIMS ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ESTABLISHMENT, EFFECTIVENESS, INTERPRETATION, PERFORMANCE OR TERMINATION OF YOUR TRANSACTIONS WITH ANY DEALER, UNLESS TO THE EXTENT OTHERWISE REQUIRED BY THE APPLICABLE LAW.

2. ACCESSING THE SITE AND ACCOUNT SECURITY

2.1 We reserve the right to withdraw or amend the Site, and any service or Content we provide on the Site. Except that prior notice will be provided to the extent as required under the applicable law, 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 to the extent permitted by the applicable law.

2.2 You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensure that you are not the object of any trade sanction imposed by any countries, international organizations or any regions, or sanctioned by any applicable law or regulations. Otherwise, you shall not register or use the Site.

2.3 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, including but not limited to your name, email address, phone number, address, etc., is correct, current, and complete at all times. You acknowledge and agree that the Site has the right to request you to register on a real name basis to complete the real name verification in accordance with the PRC law.

After you have filled in the information following the instruction on the registration page, read and accepted the Terms of Use and upon your completion of all the registration procedure, you will be provided a Site account.

2.4 You have the right to log on to the Site using the user name (“User Name”) that you choose or confirm, your cellphone number, or your WeChat account, and the password you choose (together with other information you provide on the Site during the registration process, the “Account Information”).THE USER NAME YOU CHOOSE SHALL NOT VIOLATE ANY LAWS OR REGULATIONS OF THE PRC, OTHERWISE WE SHALL HAVE THE RIGHT TO DECLINE YOUR REGISTRATION OR TO TERMINATE YOUR USER NAME OR YOUR ACCOUNT AT ANY TIME.

2.5 During the registration process, we may collect the information on your employer with your consent, though you yourself will always be regarded as the user of the Site, and under no circumstances your employer will thus be interpreted as the user of the Site.

2.6 You shall be responsible for safekeeping your own Account Information. You must treat your Account Information and any other piece of information provided or generated as part of our security procedures (such as verification code), 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 Account Information and/or the associated security information. You agree to notify us immediately of any unauthorized access to or use of your Account Information 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 WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES IF YOU DISCLOSE YOUR ACCOUNT INFORMATION AND THE ASSOCIATED SECURITY INFORMATION, OR IF ANY SUCH INFORMATION IS DISCLOSED AS A RESULT OF YOU BEING HACKED OR DECEIVED BY ANY THIRD PARTY. YOU NEED TO CLAIM AGAINST THE INFRINGING PARTY THROUGH ADMINISTRATIVE OR JUDICIAL MEANS AS PROPER.

2.7 To the extent as permitted by applicable law, we have the right to disable your account, at any time in our sole discretion for any reason, including if, in our reasonable opinion, you have violated any provision of these Terms of Use or the applicable law.

2.8 Unless otherwise required by the applicable law, you will be solely responsible for the consequences of any action taken under your account, including but not limited to entering into any online agreement, post of any remarks or comments, purchase of products or service and disclosure of any information.

3. USE OF SITE

You may access and use the Sitesolely 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:

4. INTELLECTUAL PROPERTY RIGHTS

Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:

  • That Caterpillar or Caterpillar affiliates (including Caterpillar Inc.) owns or holds the licenses to 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 other purposes, whether commercial or non-commercial, without Caterpillar's express prior written consent.
  • That all marks that appear throughout the Site and Content belong to Caterpillar, or the respective owners of such marks, and are protected by PRC, 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.
  • Caterpillar respects intellectual property right and fight against any infringement of intellectual property right. In case of any claim of intellectual property right infringement, you may notify us through [Zhao_Bruce@cat.com]. We will handle the claim in a timely manner in accordance with the relevant laws and regulations,these Terms and Use (including but not limited to Caterpillar Policies)upon receiving your notification accompanied with the preliminary evidences to prove the infringement.

5. 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 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 Dealer Terms of Sale. 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.

6. PRIVACY

By accessing or using the Site or a Dealer e-Site, you understand and agree that your personal information will be collected, used, processed, and otherwise shared in accordance with the Privacy Statement applicable to this Site and the privacy statement applicable to such Dealer e-Site. You should read the applicable private statements carefully to understand the practices with respect to your personal information, including the purposes for which your personal information is collected, used, processed, and/or disclosed, your rights in respect of that information and how you can make enquiries about or access that information, as applicable.

7. 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, Dealer Terms of Sale for your transactions with the Dealer, 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 to the extent as permitted under the applicable laws, 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, AUDIOS, VIDEOS, 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 THE PRIVACY NOTICE) 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. YOU COMMIT NOT TO PUBLISH OR AUTHORIZE ANY THIRD PARTY TO USE THE INFORMATION YOU PUBLISH ON THE SITE IN ANY WAY, INCLUDING BUT NOT LIMITED TO USING ON ANY WEBSITE OTHER THAN THE SITE, OR ANY MEDIA.

8. INTERACTIVE FORUMS AND USER MATERIALS

8.1 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 against the basic principles of the Constitution of PRC, jeopardizing national security or other national interest, disclosing state secret, destructing the national unity, spreading rumors, or otherwise destructing the social stability.
  • Upload to, distribute or otherwise publish through the Site User Materials that is otherwise unlawful, libelous, defamatory, insulting, obscene, pornographic, indecent, lewd, harassing, threatening, gambling, violence, murder, terrorism, 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 applicable 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 Material, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials. Otherwise, Caterpillar may take measures such as deleting, blocking etc. to the information you upload.
  • Without Caterpillar's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

8.2 Except to the extent prohibited by applicable law, 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.

8.3 Caterpillar has the right, but not the obligation unless otherwise required by the applicable law, to monitor any activity and User Materials associated with its forums and interactive areas. Caterpillar may investigate any reported violation of these Terms of Use, including any Caterpillar Policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service or your account, 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.

8.4 Unless otherwise required by the applicable law, 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.

9. 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. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

10. LIMITATION OF LIABILITY; REMEDY

TO THE FULL EXTENT AS PERMITTED UNDER THE APPLICABLE LAW, 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.

11. 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, including without limited to Caterpillar Policies, 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.

12. TERMINATION

Caterpillar, in its sole discretion and to the extent permitted by the applicable law, may suspend or terminate your account, username and password and/or your right to access or use the Site and Content at any time for legally justifiable reasons. The license granted herein and these Terms of Use 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. 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, Dispute Resolution, Choice of Law, Severability and Miscellaneous shall survive the termination of these Terms of Use.

13. MODIFICATION OF TERMS OF USE

Caterpillar may modify these Terms of Use from time to time according to the development of laws and regulations and the need for maintaining the transaction orders and protecting customers’ interest. You will be notified of the modification of the Terms of Use by way of posting such modifications on the Site at least 7 days prior to the effectiveness data of such modification. If you do not agree to any modification, you may contact us to feedback your opinion before the effectiveness date of such modification. If your opinion is adopted, Caterpillar will alter the modifications at our discretion.IF YOU STILL DO NOT AGREE TO THE MODIFIED ITEMS, YOU SHOULD STOP USING THE SITE UPON THE DATE OF EFFECTIVENESS OF SUCH ITEMS AS INDICATED IN THE MODIFICATION NOTICE, AND THE MODIFIED ITEMS WILL NOT APPLY TO YOU. IF, HOWEVER, YOU CONTINUE TO USE THE SITE, IT WILL BE DEEMED AS THAT YOU HAVE AGREED TO THE MODIFIED ITEMS THAT HAVE BECOME EFFECTIVE.

14. UPDATING SITE

To the fullest extent as permitted by the applicable law, we reserve the right, in our sole discretion, to change any portion of the Site and Content at any time without notice, including the removal of any portion of 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.

15. 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.

16. IMPORT AND EXPORT COMPLIANCE

You represent and warrant that

  • your access and use of the Site and Content will not violate any export control or sanctions laws of PRC, the United States, and any other jurisdiction applicable to you, and
  • you will not act or cause, directly or indirectly, any other party to act in any manner that would cause Caterpillar, its parent company, or its affiliates, or any persons employed thereby, to violate any laws applicable to Caterpillar, its parent company, or its affiliates, including, without limitation, the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, the various sanctions regulations administered and enforced by the United States Department of Treasury Office of Foreign Assets Control (“OFAC”) and United States Department of Commerce Bureau of Industry and Security (“BIS”) and analogous European Union laws, and
  • that you are not, and will not be at the time you are using the Site or Content, located in any countries or regions subject to a complete trade embargo as administered by OFAC and BIS, such countries as of the most recent editing of this subparagraph being Cuba, North Korea, Syria, Iran, Sudan, and the Crimean Region of Ukraine and subject to change hereafter, and
  • you are not on any restricted party or denied party lists of any United States or foreign government agency including, without limitation, BIS Denied Persons List, BIS Entity List, Specially Designated Nationals and Blocked Person List, and Terrorist Exclusion List, and
  • you will not use the Site or Content for any purposes prohibited by PRC law, United States law, and the law of any other jurisdiction applicable to you, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

For the avoidance of doubt, reference to “laws” in this section includes rules, regulations, directives, ordinances orders, or statutes. Upon Caterpillar's request, you agree to provide to Caterpillar in a timely manner reasonable and relevant material, documentation, information, data, or certification(s) regarding your compliance with laws.

17. DISPUTE RESOLUTION

All disputes, claims and controversies relating in any way to your use of the Site or Content, or otherwise arising out of or relating to these Terms of Use will be resolved by the competent People’s Court of Caterpillar’s domicile.

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.

18. GOVERNING LAW; SEVERABILITY

18.1 These Terms of Use shall be governed by the laws of the PRC (regardless of the laws that might be applicable under its principles of conflict of laws). 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.

18.2 We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, while we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the PRC, and of the United States to the extent that the laws of the United States are applicable (such as Import and Export Compliance). If any Content or User Materials on the Site, or your use of the Site, is contrary to the laws of the place (other than the PRC) 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.

19. MISCELLANEOUS

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.