YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, KINDLY DISCONTINUE USE OF THIS SITE.
LIMITATIONS ON USE
Cummins Inc. (its subsidiaries, joint ventures and affiliates, and also its authorized distributors) have provided this website (“Site”) for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the website or the content without Cummins' prior written permission. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any portion of the website except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the website or the content is prohibited and can result in enforcement actions and other legal consequences against you.
All content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Cummins does not grant any express or implied rights to you under any patent, copyright, trademark, or trade secret information. To the extent that you are permitted to view and download designated electronic information (“Cummins Information”) from this website such as software, technical information, product literature, and other materials, you understand and agree that you will uphold all of Cummins’ copyright, trademark, and other proprietary notices present in the original Cummins information and on any copies of the Cummins information. You may not modify the Cummins information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Cummins information for any commercial purpose. For purposes of these Terms, any use of the Cummins information on any other Web site or networked computer environment (including but not limited to posting of Cummins information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Cummins. Any unauthorized use of the website may subject you to legal claims and enforcement for those violations in the United States and other countries.
The catalog information on this Site is furnished for the convenience of our customers and is accurate as possible. However, the manufacturer makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products. All other specifications and application information are taken from authoritative information. Every attempt has been made to supply original factory installationinformation. Many manufacturers offer engine and/or filter options on specific models; manufacturers may make production line changes on a model during the production year; owners may modify equipment. Cummins Inc. is not responsible for misapplications.
ORDER FORMS, REGISTRATION FORMS, AND E-MAIL
This site uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Cummins explicitly states that these forms do not constitute any agreement between Cummins and the person submitting the form. Cummins expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Cummins directly via telephone. E-mail that is sent to Cummins is transmitted via the Internet. Cummins is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.
SUBMISSIONS BY WEBSITE USERS OR OTHER THIRD PARTIES
In addition to customer or supplier information received through this Site, general users may also be allowed to submit and/or upload a variety of content, including but not limited to: written statements, ideas, images, photos, audio content and videos (collectively referred to as “User Generated Content”). If you choose to do so, you understand, agree, and consent to be held responsible for any violations of legal requirements pertaining to the information you are uploading. In particular, you agree to refrain from uploading any content that is illegal in any way, obtained or shared in violation of any laws or requirements, pornographic, vulgar, offensive, or is otherwise intended to harm or corrupt any part of this site or the computer equipment of Cummins or any site user. You also confirm represent, and warrant that you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Cummins to use all intellectual property, including but not limited to: patent, trademark, service mark, trade dress, trade secret, copyright, name, image, likeness or other proprietary rights (“IP”) in and to any and all User Generated Content to permit use of such User Generated Content in the manner contemplated by the Website and these Terms and Conditions.
Cummins reserves the right to remove any content submitted to the website at any time for any reason.
By submitting content, ideas or any other type of information to the website, such as in the form of a suggestion or feedback about our site or our products, services, you automatically grant Cummins a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adopt, publish, edit (for length or clarity), translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed for the full term of any rights that my exist in such content. Of course, Cummins’s re-use of any content submitted would not include any personal information provided. Cummins, its subsidiaries, affiliates, successors and assigns (collectively, “Cummins”) worldwide a perpetual and non-expiring use of all User Generated Content, which could include republishing any of that content in a variety of print and digital mediums. At Cummins’s discretion, the User’s name may accompany such use of User Generated Content.
Certain sections of the website require you to register in order to receive information about products, services, systems, programs, and other information relating to Cummins. Other sections require registration by Cummins suppliers. If registration is requested, you agree to supply Cummins with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account login credentials and/or password, as well as all uses of your account, whether or not actually or expressly authorized by you. Cummins reserves the right to refuse registrations or subscriptions.
ERRORS AND CORRECTIONS
Cummins takes reasonable measures to monitor and update the content on the website, but it does not represent or warrant that the website will at all times be error-free, free of viruses or other harmful components, or that defects will be corrected. Cummins also does not warrant or represent that the content and any information available on or through the website will at all times be correct, accurate, timely, or otherwise reliable. Cummins may make changes to the content or the website at any time.
AVAILABILITY OF PRODUCTS AND SERVICES
This site contains information about Cummins products and services that may not be available for purchase or shipment to certain countries based upon local requirements and import/export laws. In addition, our product specifications and trademarks may differ in in some countries. As such, you should not by any means conclude that Cummins is able to sell these products in your country or is seeking to solicit any customers in countries where its products are not sold.
Third-party content may appear on or be accessible from the website. Cummins is not responsible for and assumes no liability for any third-party content. Additionally, this website may provide links or references to other web sites not affiliated with Cummins; however, Cummins is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from users’ access to such sites. Links to other sites are provided only as a convenience to users of our website. Cummins has used reasonable efforts to verify that the URLs referring to external web sites are correct as of the last revision of the Cummins website.
THE WEB SITE AND THE CONTENT IS PROVIDED ON AN "AS-IS" BASIS. CUMMINS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUMMINS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THIS WEB SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
LIMITATION OF LIABILITY
Cummins will not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the web site or the content. This includes any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the web site or the content. Cummins also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
To the extent the foregoing limitation of liability is prohibited, Cummins's sole obligation to you for damages shall be limited to $1,000.00 (US dollars).
STOCK PRICE DISCLAIMER
The stock price performance shown on stock quotes available on or through this website are not necessarily indicative of future price performance. All Content is for informational purposes only and no Content (including, without limitation, stock quotes or company information) is intended to be relied on for trading or investment purposes.
Cummins also reserves the right to, in Cummins’ sole discretion, without prior notice, to terminate the account or access of any user who may submit content that allegedly violates any intellectual property or other right(s), laws, regulations or appropriate use of this website.
REMEDIES FOR VIOLATIONS
GOVERNING LAW AND JURISDICTION
SEVERABILITY OF PROVISIONS
The content from this website may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including facsimile transmission, photocopying, recording, or use of information storage or retrieval systems, without express written permission from the copyright owner. Requests for permission or further information should be directed to us at email@example.com.
Although Cummins may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on this website, it is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Cummins will fully cooperate with any law enforcement authorities or court order requesting or directing Cummins to disclose the identity of anyone posting any such information or materials.
Software as well as products and services identified on this Site may be further subject to United States export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1999, 17 U.S.C. § 512 (“DCMA”), provides owners and operators of sites a limitation of liability for User Generated Content that infringes the copyright(s) of a third party. Pursuant to the DCMA, Cummins has designated an agent to receive notices of claims of copyright infringement, and has enacted a Take-Down Procedure. If you believe in good-faith that your valid copyright has been used in an infringing manner, please submit the following:
(1) a signature, electronic or physical, of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the website;
(4) your appropriate contact information, including: address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Cummins’ copyright agent (“Agent”) for receiving notices of alleged copyright infringement and means of contact: firstname.lastname@example.org.
Should you choose to call, please also make a written request by mail or email, as noted above, upon receipt of written requests that provide all the required information as noted above in (1) – (6), Cummins shall seasonably:
(1) remove, take-down, disable or destroy (“Removed”) the allegedly infringing material, and access thereto by Users;
(2) submit written notification of the alleged infringement to the alleged infringer and indicate that the allegedly infringing content has been seasonably removed;
(3) submit written notification to the United States Copyright Office of such alleged infringement and that the allegedly infringing content has been seasonably removed; and
(4) submit written notification to the person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed that the allegedly infringing content has been seasonably removed.
Cummins encourages you to seek legal counsel prior to contacting Cummins’ Agent, as there may be penalties for false claims. For any other claim aside from alleged copyright infringement, please see the Contact Information section contained herein.
For general inquiries, please refer to the “Contact Us” link on this website or write to Cummins at the address of the local Cummins company where you are located. You may also write to our headquarters at: Customer Inquiry Center, Cummins Inc., 500 Jackson St., Mail Code 60701, Columbus, Indiana USA, 47201.