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Web Site Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE (“Site”) CAREFULLY. By using our Site, you agree to these Terms and Conditions of Use (“Terms & Conditions”). If you do not agree to these Terms & Conditions, you should not use our Site.
By accessing this Site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms or conditions, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
2. Use License:
All content on this Site including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, is the exclusive property of and is owned by BOMAG Americas’ Inc., its licensors and/or content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on this Site only for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on this Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to BOMAG Americas, Inc. is expressly prohibited.
You agree to abide by all additional restrictions displayed on the Site as may be updated from time to time. BOMAG Americas, Inc. and/or its licensors or content providers, retain full and complete title to the material provided on this Site, including all intellectual property rights, and provide this material to you under a license that is revocable at any time in BOMAG Americas, Inc.’s sole discretion. BOMAG Americas, Inc. neither warrants nor represents that your use of any materials on this Site will not infringe on the rights of third parties not affiliated with BOMAG Americas, Inc.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operations of this Site in any way. BOMAG Americas, Inc. reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which BOMAG Americas, Inc. may be entitled at law or in equity.
BOMAG Americas, Inc. cannot guarantee that the Site or its content are error free and BOMAG Americas, Inc. makes no representation about the technical accuracy or functionality of the Site or that the content is accurate, error free or up to date.
THIS SITE IS PROVIDED BY BOMAG AMERICAS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOMAG AMERICAS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BOMAG AMERICAS, INC. DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOMAG AMERICAS, INC. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
4. Limitations on Liability:
If you are dissatisfied with this Site, any content on this Site, any products or services made available through this Site or with any of these Terms or Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site, its content and the products and services made available through this Site.
UNDER NO CIRCUMSTANCES SHALL BOMAG AMERICAS, INC. OR ITS AFFILIATIES OR ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT ON THIS SITE INCLUDING WITHOUT LIMITATION, CONTENT POSTED ON THIS SITE BY YOU OR ANY THIRD PARTY, OR ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS SITE
THIS IS A COMPREHENSIVE LIMITATION ON LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BOMAG AMERICAS, INC. AND/OR ITS AFFILIATES, MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10.00)
Without limiting the generality of the foregoing, BOMAG Americas, Inc. assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the materials contained on this Site. BOMAG Americas, Inc. 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 this Site or downloading any materials from this Site, including without limitation postings of third parties on this Site.
5. Accuracy, Completeness and Timeliness of Information on this Site:
BOMAG Americas, Inc. is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this Site is at your own risk.
6. Linked Web Sites:
This Site includes links to other websites. BOMAG Americas, Inc. provides the links solely as a convenience to you and for informational purposes only. BOMAG Americas, Inc. has not reviewed all of the information on the other websites. The inclusion of these links in no way indicates BOMAG Americas, Inc.’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the other websites. Neither BOMAG Americas, Inc., nor any other providers of products or services related to this Site shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on the other websites. If you decide to access other websites, you do so as your own risk. Other websites may include links to the Site. The inclusion of links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services policies or other materials on or available from the Site.
All information posted on this Site is subject to change without notice. Also, these Terms and Conditions may be changed at any time without prior notice. You should check this Site for changes periodically. Your continued access to the Site after changes constitutes your acceptance of the changes.
8. Governing Law:
These Terms and Conditions shall be construed solely in accordance within the internal laws of the State of Illinois, without giving effect to principles of conflicts of law. Any actions, proceedings or suits relating to these Terms and Conditions and/or this Site may only be brought in a court of competent jurisdiction in Henry County, Illinois or in the U.S. District Court for the Central District of Illinois in Peoria Illinois, and each party hereby consents to this exclusive jurisdiction and venue and waives any objections thereto.
9. Entire Agreement:
These Terms and Conditions contain the entire understanding and agreement between you and BOMAG Americas, Inc. with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written or electronic, between you and BOMAG Americas, Inc. with respect to this Site and your use of this Site.
You agree that your use of this Site, the Site’s content and its services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against BOMAG Americas, Inc. and/or it suppliers. You agree, at your expense, to indemnify and hold BOMAG Americas, Inc. and its suppliers and its and their respective directors, officers, managers, members, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.
If any provision of these Terms and Conditions is determined unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. All waivers must be in writing and signed by the party to be bound.
Before or at the time of collecting your personal information, BOMAG Americas, Inc. will identify the purposes for which the information is being collected.
BOMAG Americas, Inc. will collect and use your personal information solely for the objective of fulfilling those purposes specified and for other compatible purposes, unless BOMAG Americas, Inc. obtains the consent of the individual concerned or as required by law.
BOMAG Americas, Inc. will only retain your personal information as long as necessary for the fulfillment of those purposes.
BOMAG Americas, Inc. will collect your personal information by lawful and fair means and, where appropriate, with your knowledge and/or consent.
Personal data should be relevant to the purposes for which it is to be used and, to the extent necessary for those purposes. Personal data should also be accurate, complete, and up-to-date.
BOMAG Americas, Inc. shall protect your personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. BOMAG Americas, Inc. shall make readily available to customers information about its policies and practices relating to the management of personal information.
BOMAG Americas, Inc. is committed to conducting its business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.