LEGAL / COPYRIGHT NOTICE

General Website Terms and Conditions of Use

Please read these General Terms (as defined below) carefully before using this Website.  By using this Website, You agree that You have read and understand these General Terms and that these General Terms will constitute a legally binding agreement between You and ACTP (as defined below).  If You do not agree to the General Terms, please do not use this Website.

Definitions

The following terms are defined for use in these General Terms only, and their meaning in these General Terms is limited to the given definition.

•           ACTP: This term refers to American Crane & Tractor Parts, Inc.

•           General Terms: This term refers to these General Website Terms and Conditions of Use, which are located at www.actparts.com/termsandconditions.

•           Website: This term, as applied to these General Terms only, refers to actparts.com and any other ACTP websites accessed through this Website, including, but not limited, bid.actparts.com, and the content and services provided on or through those websites.

•           You or Your: Refers to You as an individual and, if applicable, any individuals or entities on behalf of whom or which You access or use the Website.

Registration

Access to some areas and use of some functions of this Website may require You to become a registrant.  When You apply to become a registrant, You agree to (i) provide accurate, current and complete information about Yourself as prompted by ACTP’s registration forms (including Your e-mail address), and (ii) to maintain and update Your information (including Your e-mail address) to keep it accurate, current and complete.  You agree to keep Your username and password confidential and are solely responsible for all action taken under Your account name and password.  If You have reason to believe that Your username, password or any of Your other registration information is no longer secure, You must immediately notify ACTP by email at webmaster@actparts.com.

Ownership of Content

This Website is owned and operated by ACTP.  The content on this Website includes, but is not limited to: text, graphic images, logos, audio and video clips, software server information, and anything else hosted on or delivered through this Website.  That content and the software and source codes used on this Website are the sole property, including intellectual property, of ACTP or their respective owners.  ACTP reserves the right to make modifications to any content on this Website without prior notice.

When You send to ACTP any content of any nature or for any purpose, including, but not limited to, in connection with any service provided by ACTP or as comments, questions, suggestions or ideas relating to this Website, You grant ACTP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity and database rights You have in that content, in any media known now or in the future.

Unacceptable Uses

In connection with accessing or using this Website, You may not (i) modify or to attempt to modify the content on this Website in any way, (ii) republish, redistribute, or otherwise make any copies of the content on this Website, including, but not limited to, through the use of any robot, spider, other automatic device, or manual process, without the express written permission of ACTP or the relevant owners of that content, (iii) engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind, (iv) use any device, software or routine, including, but not limited to, any computer viruses or other malicious or harmful code, to interfere or attempt to interfere with the proper working of this Website or any transaction conducted on this Website, (v) take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure, (vi) disclose any information available only to registered users, including information relating to ACTP pricing or stock levels, to any third party, or (vii) use or access this Website in a manner that violates any applicable law or the rights of a third party.

Termination of Access

ACTP, in its sole discretion, may terminate Your access to or use of this Website for any or no reason.

Limitation of Liability and Indemnification

This Website is provided “as is” and without warranty of any kind, either express, implied OR STATUTORY, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, TITLE, and non-infringement.  ACTP AND ITS AFFILIATES, AGENTS AND REPRESENTATIVES will not be liable for any damages or injury resulting from Your use of, access to, or reliance on, or inability to use or access, this Website including, but not limited to, liability for any indirect, incidental, consequential or punitive damages.

This Website may contain links to non-ACTP sites.  These links are provided to You only as a convenience.  Those linked sites are not under the control of ACTP and ACTP is not responsible for the contents of any linked site or any link contained in a linked site.  The inclusion of any link does not imply endorsement by ACTP of the linked site, and ACTP will have no responsibility for information which is referenced by or linked by other sites to this Website.

You agree to indemnify and hold ACTP harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of or access to this Website or Your breach of these General Terms.

General

ACTP may amend these General Terms at any time by posting the amended General Terms on this Website.  The amended General Terms will automatically be effective 30 days after they are initially posted.  These General Terms may not be otherwise amended except in a writing hand-signed by You and ACTP.  For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.

These General Terms will be governed in all respects by the laws of the State of Kansas as they apply to agreements entered into and to be performed entirely within Kansas between Kansas residents, without regard to conflict of law provisions.  You agree that any claim or dispute You may have against ACTP concerning or arising out of the use of or access to this Website must be resolved exclusively by a state or federal court located in Wyandotte County, Kansas.  You agree to submit to the personal jurisdiction of the courts located within Wyandotte County, Kansas for the purpose of litigating all such claims or disputes.

Should You have questions or comments about these General Terms, please contact ACTP by e-mailing the webmaster at webmaster@actparts.com..

 

Copyright 2012 American Crane & Tractor Parts, Inc all rights reserved.

Cat© and Caterpillar© are registered trademarks of Caterpillar, Inc.

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