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.
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.
2.8 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
- 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 identifiable 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 rights or interests of any other person or entity, including any other user of the Site.
- Circumvent or manipulate our fee structure, the billing process or amounts 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 person.
4. INTELLECTUAL PROPERTY RIGHTS
- 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
- 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.
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.
8. INTERACTIVE FORUMS AND USER MATERIALS
- Upload to, distribute or otherwise publish through the Site any message, data, information, text or other material ("User Materials") that is 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.
8.4 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
10. LIMITATION OF LIABILITY; REMEDY
14. UPDATING SITE
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
- 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
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
18.2 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.
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.