Legal Notices
Electro-Motive Diesel, Inc. (EMD) grants you permission to view
EMDiesels.com (the "Site") and to print individual pages
from this Site for your own personal, noncommercial use, provided
that you agree to and accept without modification the notices, terms
and conditions set forth in this agreement as well as all other
policies and terms described in the site. You may not modify, copy
(except as set forth in the preceding sentence), distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, material, software,
products or services from this Site. Your use of the Site constitutes
your agreement and acceptance without modification of the notices,
terms and conditions set forth herein. Other than this agreement
EMD will not enter into any agreement with you or obligation to
you through this Site, and no attempt to create such an agreement
or obligation will be effective.
By registering with the Site to access secured information and
applications, you agree to abide by the confidentiality guidelines
and the terms and conditions contained in this notice as well as
all other policies and terms described in the site.
EMD reserves the right to revise the Site Terms of Use at any time,
at its sole discretion, by updating this posting. By using this
site, you agree to be bound by the version of these Site Terms of
Use that is in effect from time to time, and you should periodically
visit this page to review these changes.
Limited License
Subject to the terms and conditions set forth in this Agreement,
EMD grants you a non-exclusive, nontransferable, limited right to
access, use and display this Site and the materials thereon. You
agree not to interrupt or attempt to interrupt the operation of
the Site in any way.
Except as may be otherwise provided elsewhere on this Site, you
may view, copy and print any content in any form ("Materials")
that is supplied by EMD on this Site subject to the following conditions.
- you may view and download Materials on the Site solely for personal
information purposes and ,except solely for business purposes
in support of your business relationship with EMD, for noncommercial
purposes only
- you may not modify or alter the Materials in any way
- materials shall not be included in or with any product that
you distribute to third parties, nor shall they be used to create
derivative works
- you may not reproduce or publicly display, perform, or distribute
or otherwise use Materials for any public or commercial purpose;
- you must not transfer the Materials to any other person unless
you give them notice of, and they agree to accept, the obligations
arising under these terms and conditions of use;
- you must retain, on all copies of the Materials downloaded,
all copyright and other proprietary notices contained in the Materials;
- you agree to abide by all additional restrictions displayed
on the Site as it may be updated from time to time.
This authorization is not a transfer of title in the Materials
or copies of the Materials, title to which will continue to be vested
solely in EMD.
Copyright
This Site, including all Materials, is copyrighted and protected
by worldwide copyright laws and treaty provisions. All rights reserved.
You agree to comply with all copyright laws worldwide in your use
of this Site and to prevent any unauthorized copying of the Materials.
Except as expressly provided herein, EMD does not grant any express
or implied right to you under any patents, trademarks, copyrights,
works of authorship or trade secret information.
No part of this site, program, product, software, or item, including
the design and layout of the site, program, product, software, or
item (including without limitation, individual design and graphic
elements) may be reproduced in any form or by any electronic or
mechanical means, including the use of information storage and retrieval
systems, without the express written permission of EMD. This prohibition
against unlawful or unauthorized reproduction is intended to include
all U.S. domestic use as well as protections afforded under any
international forum or law, including, but not limited to G.A.T.T.
Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent or trademark
of EMD or any third party. Except as expressly provided above nothing
contained herein shall be construed as conferring any license or
right under any EMD copyright.
Note that any product, process, or technology in this site may
be the subject of other intellectual property rights reserved by
EMD and may not be licensed hereunder.
Trademarks and trade names displayed on this Site are the property
of their respective owners.
Disclaimers, Limitations, Exclusions
NEITHER EMD NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE. This Site and its contents
are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EMD has made all reasonable efforts to ensure that information provided
in the Site was accurate at the time of its inclusion in the Site,
but the Site may still contain technical, factual, typographical
or other inaccuracies or errors. EMD may at any time terminate,
change, suspend or discontinue any aspect of the Site including
the availability of any features of the Site at any time. EMD may
also impose limits on certain features and services or restrict
your access to parts or all of the Site without notice or liability.
EMD may terminate the authorization, rights and license given above
and, upon such termination, you shall immediately destroy all Materials.
IN NO EVENT SHALL EMD, OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY,
TO YOU WITH RESPECT TO YOUR USE OF THIS SITE, FOR ANY LOST PROFITS
OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THESE
LIMITATIONS SHALL APPLY WHETHER OR NOT EMD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION
OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. SOME STATES
AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
Governing Law and Jurisdiction
This Site is controlled, operated and administered by EMD from its
offices within the United States of America. EMD makes no representation
that materials at the Site are appropriate or available for use
at locations outside of the United States, and access to such materials
from territories where such access or the contents of the Materials
is illegal is prohibited. You may not use the Site or export the
Materials in violation of U. S. export laws and regulations. If
you access this Site from locations outside of the United States,
you are responsible for compliance with all local laws. These Terms
and Conditions of use shall be governed by the laws of the State
of Illinois, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between EMD and
you with respect to your use of the Site. Any cause of action you
may have with respect to your use of the Site must be commenced
within one (1) year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect.
Information Provided By You
EMD does not want you to, and you should not, send any confidential
or proprietary information to the EMD via the Site. You agree that
any information or materials that you or individuals acting on your
behalf provide to EMD via the Site will not be considered confidential
or proprietary. By providing any such information or materials to
EMD via the Site, you grant to EMD an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information and materials,
and you further agree that EMD is free to use any ideas, concepts
or know-how that you or individuals acting on your behalf provide
to EMD. In addition, as a condition of your use of the Site, you
represent and warrant to EMD that you will not use the Site for
any purpose that is unlawful or immoral or that is prohibited by
these terms, conditions and notices. If you do not agree and accept
without modification the notices, terms and conditions set forth
herein, do not use the Site.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties
other than EMD. Such links are provided for your reference only.
EMD does not control outside Sites and is not responsible for their
content. EMD's inclusion of links to an outside Site does not imply
any endorsement of the material on the Site or, unless expressly
disclosed otherwise, any sponsorship, affiliation or association
with its owner, operator or sponsor, nor does EMD's inclusion of
the links imply that EMD is authorized to use any trade name, trademark,
logo, legal or official seal or copyrighted symbol that may be reflected
in the linked Site.
Privacy Statement
PERSONAL INFORMATION DISCLOSURE
You don't want your personal information to fall into the wrong
hands. Neither does EMD. We do not disclose your Personal Information
except as required by law, in conjunction with an official government
investigation, or to our suppliers who use the Personal Information
exclusively to provide services to us.
COOKIES AND OTHER TRACKING DEVICES
We may use cookies and other tracking devices during your visit
to our web site. Cookies may tell us the time and length of your
visit, the pages you look at on our site, and the site you visited
just before coming to ours. We may also record the name of your
Internet service provider. This information allows us to measure
site activity to tailor information to suit your individual preferences.
The goal is to save you time and provide you with a more meaningful
visit.
There are also several opportunities on our web sites for you to
provide us with information about you and your interests, such as
your name, mailing address and e-mail address. If you choose to
share any personal information with us, we may store it and use
it for marketing research and other marketing purposes.
You should be aware that when you voluntarily disclose personal
information in public areas of our web sites, such as chat rooms
or bulletin boards, such information may be seen and used by others,
and EMD has no control over, or responsibility or liability for,
the use of such information by such others. We urge you to exercise
good judgment when sharing personal information in these forums.
CORRECTING YOUR INFORMATION
You may correct your contact information (Name, Address, Phone
number, and email address) by accessing "My Account" after
you have logged in to EMD Customer
Care.
INFORMATION SECURITY
We take steps to make all information received from you as secure
as reasonably possible against unauthorized access and use.
PRIVACY INQUIRIES
If you have a concern about our privacy practices, or have a question
regarding this privacy statement, please contact us by completing
the internet form accessible at "Contact
Us" on EMDiesels.com.
You take online privacy seriously, and so does EMD. It's our way
of sustaining your trust in EMD and our products and services.
CHANGES
We reserve the right to change this Privacy Statement at any time
as business needs dictate or as we may otherwise determine, in our
sole discretion. Changes will be posted conspicuously in a timely
manner.
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