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User Agreement - Terms and Conditions 1. Agreement Welcome to mustangcat.com™. We are delighted that you have chosen to visit our website. By accessing or using mustangcat.com™, you agree to be bound by the terms and conditions of this Agreement. The following terms and conditions of this Agreement may be updated or otherwise changed from time to time. mustangcat.com™ may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon either posting of the modified Agreement or upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You can review the most current version of this Agreement by visiting http://www.mustangcat.com. 2. Definitions "Agreement" means the terms and conditions and other statements set forth in this document, whether located on the same or different web pages. "Mustang®" and "mustangcat.com™" mean Mustang Tractor & Equipment Company and includes its parents, affiliates, subsidiaries, officers, directors, employees, agents, representatives, successors and assigns. "User" or "you" or "your" refers to any and all individuals, companies, organizations and other entities who access or use this website in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered. 3. License Mustang® grants, subject to the terms of this Agreement, a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use mustangcat.com™ in real time and to use the materials in mustangcat.com™ in a manner consistent with Paragraph 4 (Intellectual Property Rights) below. 4. Intellectual Property Rights Mustang® respects the intellectual property rights of others. The trade names, trade dress, trademarks, service marks and other intellectual property rights owned by the manufacturers, wholesalers, distributors, retailers and advertisers of the products and services offered for sale by Mustang® or mustangcat.com™ are the property of their respective owners. A. Copyrights With the exception of the intellectual property identified in Paragraph 4 above, Mustang® owns the copyright in the content of this site, including, without limitation, all text, graphics, logos, buttons, icons, images, software, HTML, object code, source code, and other code, video material, audio material, multimedia material, artwork, photographs, among other content ("mustangcat.com Copyright Material"). The mustangcat.com™ Copyright Material is protected by state, U.S. federal and international copyright laws. You may display and download portions of mustangcat.com™ solely for your own non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from mustangcat.com™. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance or display, or any commercial use of the content on this site is strictly prohibited by law. B. Trademarks Mustang,® Mustang Tractor & Equipment Company™, Mustang Rental Services, Inc.™, Mustang Power Systems™, Mustang Industrial Equipment Company™ and mustangcat.com™ and the respective mustangcat.com logos, images and graphics are trademarks, trade names or service marks of Mustang. The mustangcat.com logo, graphics, trademarks, trade names and service marks may not be used in any manner by any person, organization or entity, or in connection with any product or service, without the express written authorization of an officer or director of mustangcat.com. All other trademarks, service marks and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners. C. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512(c)(2), claims of copyright infringement must be submitted to the following designated agent for the Service Provider mustangcat.com: Henry J. Fasthoff, IV To be effective, the notification must be a written communication that includes the following:
5. Submissions Mustang® values and encourages User feedback on Mustang’s® and mustangcat.com’s™ products and services. Pursuant to Mustang’s® company policy, however, we do not accept nor consider creative ideas, suggestions or materials other than those specifically requested by Mustang®. Our policy is designed to eliminate the possibility of future misunderstandings and disputes if and when Mustang® decides to implement an idea that is similar to one submitted by you. We hope you understand the business reasons behind our policy. If you choose to send any creative submissions to us, whether at Mustang’s® request or despite our request that you do not send submissions to us, all submissions shall be deemed, and shall remain, the exclusive property of Mustang®, and Mustang® shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe. Mustang® shall be entitled to complete unrestricted use of the submissions for any purpose, whether commercial or otherwise, without compensation to the provider of the submissions. 6. User Account Information You agree to: (a) maintain all equipment required for your access to and use of mustangcat.com™; (b) maintain the security of your user identification, password and other confidential information relating to your mustangcat.com™ account; and (c) be responsible for all charges resulting from use of your mustangcat.com™ account, including unauthorized use prior to your notifying mustangcat.com™ of such use and taking steps to prevent its further occurrence by changing your password. You further agree to notify mustangcat.com™ immediately upon your discovery that any of your account or password information may have been compromised or otherwise used in any manner by unauthorized persons. 7. User Representations & Warranties You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use mustangcat.com™ in accordance with this Agreement. You agree to be financially responsible for your use of mustangcat.com™ (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. 8. Security At Mustang®, the security of the information submitted by you over the Internet is one of our highest priorities. mustangcat.com™ uses Secure Sockets Layer ("SSL") encryption when processing orders over the Internet. The SSL protocol encrypts your information and transmits your information through the Internet to mustangcat.com. 9. Forums and Discussions User agrees not to post, distribute or otherwise publish on mustangcat.com™ any Content which is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any state, federal or international law. User agrees that any forum, discussion or bulletin board service on mustangcat.com™ shall be used only in a noncommercial manner. User shall not, without the express written consent of an authorized representative of Mustang®, post, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. User understands that Mustang® does not, and cannot, review, edit or otherwise screen any message posted by Users in any forum, discussion or bulletin board service on Mustang®. User agrees and understands that Mustang® is not responsible for the content of, and does not accept or endorse the views set forth in, any messages posted on mustangcat.com™. Mustang® does, however, reserve the right to delete, move or edit any messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable. User understands and agrees that User shall remain solely responsible for the content of any messages posted, distributed or otherwise published by you on mustangcat.com™. 10. External Links to Third Party Sites mustangcat.com™ may provide links to sites owned, operated and/or controlled by third parties over whom Mustang® has no control (the "External Links"). Mustang encourages you to use discretion when browsing the Internet using our service or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Mustang® cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third party sites. You hereby irrevocably waive any claim against Mustang® with respect to any third party sites. The External Links are provided to the User strictly as a convenience. The User alone is solely responsible for anything that occurs on or is related in any way to the access or use of an External Link or third party site. 11. Dealings With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the mustangcat.com™ website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mustang® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on the mustangcat.com™ website. 12. Governing Law, Jurisdiction & Venue All uses of this site, and all information contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America. You further agree that jurisdiction and venue of any claims arising under or relating to this Agreement shall be exclusive in Harris County, Texas. You expressly agree to submit to jurisdiction and venue in Harris County, Texas, regardless of the location from which you access or use information or materials from this site. Accordingly, any claim or action arising under or relating to this Agreement may be brought only in Harris County, Texas, and the Parties agree to waive jurisdiction and venue in any other forum. 13. Software Export Controls Users who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software at mustangcat.com™, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 14. Manufacturer’s Warranties Some products and services sold on mustangcat.com™ may come with manufacturer’s warranties or guarantees. User acknowledges and agrees that Mustang® is not responsible for fulfilling any manufacturer’s warranties or guarantees, and that fulfillment of such warranties or guarantees is the sole responsibility and liability of the respective manufacturers. 15. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MUSTANG®, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. MUSTANG® MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO ADVERSELY AFFECT MUSTANG’S® RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT MUSTANG’S® PRIOR WRITTEN APPROVAL. 16. LIMITATION OF LIABILITY YOU AGREE THAT MUSTANG®, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR MUSTANGCAT.COM’S™ PROVISION OF THE CONTENT, INFORMATION OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY MUSTANGCAT.COM™ NEWSLETTERS OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, MUSTANG® SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME OR INJURY TO PERSON OR PROPERTY. 17. DISCLAIMER OF ALL OTHER WARRANTIES WITH THE EXCEPTIONS OF THE MANUFACTURER’S WARRANTIES IDENTIFIED IN SECTION 14 ABOVE, ALL OTHER PRODUCTS, SERVICES, MATERIALS, INFORMATION AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS AND EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS" BASIS. MUSTANG® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS OR SERVICES CONTAINED HEREIN. MUSTANG® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MUSTANG® SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME OR INJURY TO PERSON OR PROPERTY. 18. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU. 19. Entire Agreement You agree that this Agreement is the entire agreement between Mustang® and you. If any provision of this Agreement is declared unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. • Construction Machinery • Power Systems • CAT Rental Store • Used Equipment • Service • Hydraulic Services • Parts • Online CAT Applications • What's New • About Mustang • Contact Us • Careers • Locations • Site Map • Home ©Copyright 2005 Mustang and Caterpillar. |