Introduction
Caterpillar Financial Services Corporation and affiliated companies in the Financial Products Division of Caterpillar Inc. (collectively “Caterpillar Financial”) is committed to providing customers, dealers, and suppliers with the best value products and services in the field and online. Caterpillar Financial recognises and respects your online privacy. This privacy notice is being provided to you to explain what information Caterpillar Financial is collecting from you through your use of this website (this “Site”) and how it uses this information.
This privacy notice applies to information collected through this Site and it does not apply to information that we collect through other means (e.g., other websites or other methods such as telephone calls), or to information collected on any other company or third-party site regardless of whether such site links to or is accessible from this Site. You should carefully read the privacy notices of any other websites.
Collection and Use of Information
Automatically Collected Information & Tracking
When you visit this Site, it automatically collects your Internet Protocol (“IP”) address and other technical provided by your browser (e.g., browser name, referral site). This Site does not honour “do not track” signals sent by your browser. Additionally, this Site makes sets and retrieves “cookies”, which are small identifiers stored by your browser software to identify you, including cookies that are set by third parties that are used to track your use of this Site. Please see our cookie statement for additional information.
Interactively Provided Information
In addition to the technical data noted above, you may provide personal information through this Site through various forms to inquire about or receive events, products, services, offers, and general information related to Caterpillar Inc. and its subsidiaries, including Caterpillar Financial (collectively, “Caterpillar”). For example, if you request additional information on a product, you will be asked for your name, address, telephone number and email address (you may choose to provide additional information as well) so that we can respond to your questions or comments.
Use of Personal Information
The information that you provide will be used to fulfill your request (e.g., if you sign up for a newsletter then your information will be used to provide you with a copy of that newsletter). Additionally, we may contact you to confirm that you received the requested information and to understand if you have any additional questions. Also, we may use your information in a de-identified fashion for legitimate business purposes, including analysing and reporting on the nature of requests and to make improvements to our Site and materials. Furthermore, we may use and/or disclose your personal information as required by law or regulation, or as requested by government authorities or for the protection of persons or property.
In addition, you have the option to select (i.e., “opt-in”) to receive marketing communications. If you do then your personal information and your Site usage will be used to customise and deliver future communications, including without limitation through email.
You may notify us in writing if you do not wish to be marketed to by Caterpillar at the address below (please see “Contacting Caterpillar” below).
Disclosures of Information
Your personal information will be shared within the Caterpillar enterprise globally (e.g., its affiliates and subsidiaries worldwide) and disclosed to the applicable Caterpillar dealer(s) in the applicable service region(s). We may disclose your personal information when it is necessary to answer your inquiry or to fulfill the purposes of the Site or to service providers to process the information on Caterpillar’s behalf. In any case, the disclosure of personal information is only to those with a legitimate business reason to access the information. Notwithstanding the above disclosures, we will disclose personal information when required or permitted by law or according to relevant corporate policies.
Children
We do not want to collect or maintain information from those under the age of 13. No part of this Site is structured to attract anyone under the age of 13. By using our Site, you represent that you are not less than 13 years of age.
Security
Caterpillar Financial cares about the safety and security of your transaction(s) at this Site. We use reasonable measures to protect personal information against loss, manipulation, falsification, unauthorised access, or unauthorised disclosure. Due to the design of the Internet and networking and computing technologies, we cannot guarantee that communications between you and the Site will be free from unauthorised access by third parties.
We redirect visitors to a secure server to transfer and receive certain types of sensitive information, and take precautions against physical and electronic intrusion to protect against loss, misuse, or alteration of information that we have collected from visitors to this Site.
Accessing or Updating Your Information
Upon request, and after providing satisfactory proof of identity, individuals will be given reasonable access to and, if appropriate, the option to update or delete the personal information they have provided through this Site.
Contacting Caterpillar Financial
To make a request to access, update or delete your personal information (including to opt-out of future advertising, marketing or opinion poll communications from Caterpillar Financial), or for additional information about this privacy notice, please contact us at:
Caterpillar Financial Services Corporation
Attn: FPD Data Privacy Manager,
2120 West End Ave., Nashville, TN 37203
Tel: +1 (615) 341-8222
Or you may contact Caterpillar’s Office of Business Practices at http://codeofconduct.cat.com/ or by calling +1 (800) 300-7898.
Links
This Site may contain links to other sites. Caterpillar Financial has no control over the information and privacy policies and practices of those websites, and is not responsible for their content, collection and use of information, or freedom from error or viruses. It is your responsibility to recognise, by paying attention to your browser’s address bar, when you are leaving this Site.
Changes and Modifications
Caterpillar Financial reserves the right to amend this privacy notice at any time. If we update or change this privacy notice, the changes will be made on this page. Your use of the Site following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.
Legal Statement
This privacy notice forms part of the Terms & Conditions for use of this Site. You should also review the Terms & Conditions, as your use of this Site and any dispute arising under this privacy notice is subject to the terms and conditions contained therein.
Your Consent
By providing personal information to us, you consent to the collection and use of the personal information in accordance with this privacy notice. This Site is hosted in the United States of America. Since this service is available to individuals in a variety of global locations, you are consenting to transferring your personal information to countries or jurisdictions that may not provide the same level of data protection as the legal jurisdiction in which you are located.
Last Revised: August 14, 2015
Cookies
When you visit this Site we will send you a cookie. A cookie stores a small data file on your computer. This file enables us to recognise you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.
If you do not allow this website to use cookies, then certain features or sections of the Site may not be available to you or may not function as expected. Cookies can also be removed or blocked by following the help directions in your browser.
Browser Settings
The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.
Internet Advertising
We use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, "cookies"). Cookies enable us to learn about what content you see, what ads you click, and other actions you take on this Site and other sites. This allows us to provide you with more useful and relevant content. We do not associate your interaction with unaffiliated sites with your identity. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads.
Click here for additional details about the use of Cookies on catfinancial.com.
Welcome to catfinancial.com, the website for Caterpillar Financial Services Corporation (“Caterpillar Financial”). These catfinancial.com Terms of Use (these "Terms of Use") contain the terms and conditions that govern your access to and use of Caterpillar Financial websites (the "Site" or "Sites," including www.catfinancial.com; all networked websites operated by Caterpillar and its subsidiaries ("Networked Sites"), and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("Content")). This is an agreement between you or the entity you represent ("you") and Caterpillar Financial, a Delaware corporation with offices located at 2120 West End Avenue, Nashville, TN 37203 (together with our subsidiaries that may make any Sites available to you, "Caterpillar," "we," "us," or "our"). Caterpillar Financial is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of this Terms of Use without modification.
BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORiseD TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at http://www.catfinancial.com.
Networked Websites
Caterpillar Financial uses catfinancial.com as an entry into many networked websites operated by Caterpillar and its subsidiaries ("Networked Sites"). Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites. If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Caterpillar Financial Sites and control your use thereof.
Use of Site
You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Caterpillar Financial policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:
Intellectual Property Rights
Except to the extent expressly provided in these Terms of Use under the heading "Grant of Licence", you agree and acknowledge:
Grant of Licence
Caterpillar grants you a limited, non-exclusive, non-transferable, non-assignable licence (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:
Copyright Agent
Caterpillar respects the rights of all copyright holders and in this regard, Caterpillar has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Caterpillar's Copyright Agent all the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
Caterpillar's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent
100 N.E. Adams St.
Peoria, IL 61629-9620
Email: CopyrightAgent@cat.com
Submissions
Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Caterpillar applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Caterpillar for further use in its sole discretion, 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, original or creative materials or other information, provided by you in the form of e-mail or submissions to Caterpillar, or postings on this Site, are non-confidential (subject to Caterpillar's Privacy Policy) 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.
Privacy
When you access or use any Site, it may ask you for optional personal information (including your name and an identifier for your computer). Caterpillar Financial collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorised to use this Program, to improve Caterpillar Financial products and services, and to enable Caterpillar dealers to understand who within its service territory is using the Sites. Caterpillar Financial may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Caterpillar dealers. Caterpillar Financial will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Caterpillar Financial may, or you may by using any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information and/or using any Site, you consent to the collection, processing and transfer of the information by Caterpillar Financial consistent with this paragraph. Our Website Privacy Notice provides additional information on our data collection and processing practices on the websites described therein. We may update our Website Privacy Notice at any time. Additional or different privacy policies may apply to specific Sites.
Interactive Forums and User Materials
The Sites 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:
Caterpillar Financial has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Caterpillar Financial may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Caterpillar Financial reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
Forward Looking Statements
The Sites, and any documents issued by Caterpillar available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Caterpillar’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Caterpillar Inc.’s ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of our customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realise expected benefits from acquisitions, including ERA Mining Machinery Limited, and divestitures, including the divestiture of the Bucyrus International, Inc. distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Caterpillar Production System; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Caterpillar Inc.’s compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned "Management's Discussion and Analysis" and "Risk Factors" in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.
Press Releases
The Content contained within press releases issued by Caterpillar Financial should not be deemed accurate or current except as of the date the release was posted. Caterpillar Financial has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.
No Warranties
CATERPILLAR FINANCIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "CATERPILLAR PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES 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, 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 SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES 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. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.
Limitation of Liability; Remedy
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 ANY 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. IN NO EVENT SHALL CATERPILLAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO CATERPILLAR WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
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 any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, 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.
Termination
Caterpillar Financial, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The licence granted herein will automatically terminate without further action of Caterpillar Financial 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 Sites and Content and destroy all copies, full or partial, of all Confidential Information. At Caterpillar Financial's request, you will provide Caterpillar Financial with a written statement signed by you or your duly authorised representative certifying that the all Confidential Information has been so destroyed. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.
Updating Sites
We reserve the right, at our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by Caterpillar Financial, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.
Linked Sites
The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Caterpillar Financial's control, and Caterpillar Financial is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Import and Export Compliance
You may not use or otherwise export or re-export the Sites or Content except as authorised by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Rights
The Sites and Content are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Contractual Statute of Limitations
You agree that you will not assert against Caterpillar Financial any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.
Choice of Law; Severability
These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. 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. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
We recognise that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place 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.
Entire Agreement
These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user licence agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites, and Content and supersedes and replaces all prior agreements. 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.
Inquiries
Should you have any questions concerning these Terms of Use, write to Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn: Deputy General Counsel, Commercial Section.
By submitting content through any of our social media channels, I hereby agree to the following Terms & Conditions:
1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS and INTELLECTUAL PROPERTY. I hereby grant to Caterpillar Inc., its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide licence, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties’ promotional hashtag (collectively, the "Content") on the www.catfinancial.com and other websites controlled by Caterpillar Financial Services Corporation or its subsidiaries and affiliated companies (collectively, “Caterpillar Financial Websites”), Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, “Platforms”), and in other print, audio and video marketing and advertising avenues (“Advertising”).
I agree that the Content may be used, copied, distributed, published, exhibited, digitised, publically displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicising the Permitted Parties.
I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with Caterpillar Financial’s Website Privacy Notice
2. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Platforms, I will be in compliance with the terms and conditions of such Platforms.
You should carefully read the privacy statements of any such Platforms.
3. TAKEDOWN. If I want my Content removed from the Platforms, Caterpillar Financial Websites and Advertising, I will send an e-mail message to: CatFinancialSocialMedia@cat.com
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER. I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content.
I hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder, (b) violation of these Social Media Terms and Conditions, or (c) violation of any law(s), regulation(s) or third party rights.
I shall pay any and all costs, damages and expenses, including, without limitation, reasonable solicitors' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
5. NO WARRANTIES BY PERMITTED PARTIES; AND LIMITATION OF LIABILITY; REMEDY; FORWARD LOOKING STATEMENTS; PRESS RELEASES; TERMINATION; UPDATING SITES; LINKED SITES, ENTIRE AGREEMENT; INQUIRES. I hereby understand and agree to provisions set forth in the Warranty and Limitation of Liability, Forward Looking Statements, Press Releases, Termination, Updating Sites, Linked Sites and Entire Agreement and Inquires sections listed under the Terms of Use.
6. NO OBLIGATION TO USE. I understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, Caterpillar Financial Websites, or Advertising at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
Caterpillar Financial is committed to protecting the privacy of our customers worldwide, as they access and interact with us in person, through our websites, or by other means (e.g., when applying for credit or insurance). Caterpillar Financial’s Customer Data Privacy Statement and other relevant notices can be accessed here.
