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Thank you for visiting
our Web site. This Web site (the "Site") is owned and
operated by Wabtec Corporation ("WABTEC" or "we",
"us", or "our"). Your use of this Site is governed
at all times by the following Terms of Use as it may be amended
from time to time (the "Policy").
The intent of this Policy is to: (1) inform you
of the legal limitations we place on the site; and (2) gain your
understanding and agreement that you will comply with our Terms
of Use concerning this Site. In essence and in fact, you are contracting
with us to gain access to our Site through your agreement to honor
the "Netiquette" rules and legal Terms and Conditions
set forth below. You signify your agreement to these Terms and
Conditions through your continued access and use of this Site.
If you do not agree with the Terms and Conditions, you should discontinue
use of the Site.
1. Permission to Use the
Site; Restrictions.
We hereby grant you permission to use the Site and the Content
therein only in accordance with this Policy. "Content" means
any data accessible on the Site, including without limitation text,
images, video, graphics, audio files, software, and any combination
or derivative work thereof. We do not, and cannot, warranty or
represent that the information on this site is the most current
information on the subject or topic. We reserve the right to suspend
or revoke your use permission in our sole discretion without notice.
You may download and print Content, including this Policy, to your
personal computing device solely for your own personal non-commercial
use. You may not otherwise use, reproduce, alter, prepare derivative
works or modify the Site or Site Content in any way, nor may you
transmit, distribute, or display Content to third parties without
the express written permission of the Wabtec Legal Department or
their designee.
2. Disclaimer -- No Warranties;
As Is.
THIS SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES
PROVIDED IN THE SITE, ARE PROVIDED TO YOU "AS IS" AND
"WITH ALL FAULTS", AND YOU ASSUME THE ENTIRE RISK AS
TO THE RESULTS AND THE PERFORMANCE OF THE SITE. WE HEREBY DISCLAIM
AND YOU AGREE TO WAIVE ALL WARRANTIES OF ANY KIND WITH REGARD TO
THE SITE OR ANY CONTENT OR SERVICES PROVIDED ON THE SITE, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCE,
INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR OTHERS, OR AGAINST
INTELLECTUAL PROPERTY INFRINGEMENT. WE DO NOT GIVE ANY WARRANTIES
OR UNDERTAKE ANY DUTIES WITH REGARD TO: THE AVAILABILITY OF THE
SITE AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS OF SERVICES,
ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE. Use
of this Site is at users sole risk. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion
may not apply to you. Wabtec makes no representations regarding
the accuracy or completeness of the information contained on the
Site. Information may be changed, updated or deleted without notice.
Wabtec may also make changes in products and/or the programs described
in this information at any time without notice. Products and programs
are subject to availability, credit approval and Wabtec 's standard
sales terms and conditions. Wabtec may publish information on the
Site containing products, programs and/or services not available
in all geographical locations. Contact a Wabtec Sales Representative
regarding the products, programs and services that may be available
to you.
IN NO EVENT WILL WABTEC BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY USE OF THIS
SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR SYSTEM OR OTHERWISE.
3. Intellectual Property
Notices:
Wabtec Corporation, Wabtec, and the Wabtec logo are registered trademarks
and/or service marks of Wabtec Corporation. This list is not exhaustive
and Wabtec from time to time may add products to this site that
contain registered trademarks.
User agrees that the trademarks, service marks trade
names, designs and all material contained on Wabtec's Site, including
all portions of the web site, content, site design, text, graphics,
and all intellectual property rights thereto are the sole and exclusive
property of Wabtec or its licensors. User agrees that such material,
and all derivative works therefrom, is protected under copyright
and other Intellectual Property Law, all rights reserved, and may
not be copied, reproduced, transmitted, displayed, published or
distributed for commercial use or distribution, or modified or re-posted
to other sites without express prior written consent of the Wabtec
Legal Department or their designee.
4. Links to Third-Party Web
Sites.
As a convenience to you, the Site may provide links to other Internet
Web sites that are not under our control ("Third-Party Web
sites"). The products and/or information on such Third-Party
Web sites are promoted and sold by any such third party and not
by WABTEC. If you click on a link for more information about a
product or service offered by one of these Third-Party Web sites,
a new browser window will open, and you will be transported to
one of these Third-party Web sites and away from this Site. Your
visit to these Third-Party Web sites, and any transactions or information
gathering you engage in at such web sites, are subject to the terms
and conditions of such Third-Party Web sites, not the terms and
conditions of this Site. Any links on this Site to Third-Party Web
sites do not imply a business or other relationship, or an endorsement
of such sites by us, unless specifically stated herein, and no such
Third-Party or Web site is authorized to make any representation
or warranty on our behalf. You agree that in no event shall WABTEC
be held liable in any manner for providing a link or reference to
another Site.
5. No Incidental, Consequential,
or Other Special Damages.
TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORM
OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE
THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF INFORMATION, AND THE LIKE, ARISING OUT OF OR RELATING
TO THIS POLICY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER
THIS POLICY , AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE.
6. Prohibited Uses.
User agrees not to engage in unacceptable use of the Site or any
information therein which includes, without limitation, use of same
to: (a) disseminate, store or transmit unsolicited messages, chain
letters or unsolicited commercial e-mail; (b) disseminate or transmit
material that, to a reasonable person may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive, vulgar, threatening or
malicious; (c) disseminate, store or transmit files, graphics, software
or other materials that actually or potentially infringes the copyright,
trademark, patent, trade secret or other intellectual property right
of any person; (d) create a false identity or to otherwise attempt
to mislead any person or WABTEC as to the identity or origin of
any communication; (e) interfere, disrupt or attempt to gain unauthorized
access to or any other computer network; (f) disseminate, store
or transmit viruses, Trojan horses or any other malicious code or
program; or (g) engage in any other activity specifically prohibited
by this Policy or deemed by WABTEC to be in conflict with the spirit
or intent of this Policy .
7. Your Representations &
Warranties.
User represents and warrants to WABTEC that (a) User is over 18
years of age and has the power and authority to enter into and perform
User's obligations under this Policy; (b) All registration and other
information provided by User is truthful, accurate and complete,
including User's legal name, home address, e-mail address and telephone
number; (c) User shall comply with all terms and conditions of this
Policy, including, without limitation, the provisions of Section
6, Prohibited Uses and Section 8, Indemnification.
8. Indemnification.
User agrees to indemnify, hold harmless and defend WABTEC, its parent,
affiliates, subsidiaries, shareholders, directors, officers, employees
and agents from and against any action, cause, claim, damage, debt, demand
or liability, including reasonable costs and attorney's fees, asserted by
any person arising out of or relating to: (a) User's use of the Web Site
and/or services or information provided therein, including any data or
work transmitted or received by User; and (c) any unacceptable
use of the Web Site, including, without limitation, any statement, data
or content made, transmitted or republished by User which is prohibited
by this Policy or applicable law.
9. Pennsylvania Law Governs;
Exclusive Allegheny County Jurisdiction
This Policy and any dispute arising hereunder will be governed and
construed in accordance with the laws of the State of Pennsylvania,
U.S.A., without giving effect to the principles of its conflict
of law provisions. The parties to this Policy agree and consent
to the jurisdiction of and venue in the state or federal courts
in Allegheny County, Pennsylvania, U.S.A. in all disputes arising
out of or relating to this Policy or to access and use of this Site.
Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
10. Privacy.
Our Privacy Policy is
a part of this Policy and its terms are incorporated by this reference.
Please read it now (by clicking on the "Privacy
Policy" link). The policy explains how certain information
about you is collected and may be used. If you do not agree with
the Privacy Policy, you should not enter into this Policy, or use
the Site.
11. No Payment for Submission
of Comments, Ideas, and Other Information.
From time to time, the Site may afford you the opportunity to interact
with WABTEC. You grant us a royalty-free, irrevocable, unrestricted,
nonexclusive worldwide license for all possible rights and all
possible media now known or later developed, to use, modify, copy,
sublicense, or display any submissions that you provide to us including,
but not limited to, feedback or ideas regarding the Site, Content,
comments, suggestions, ideas, concepts, or other information including
personal contact information (collectively, "Submission")
for any purpose, commercial or otherwise, without compensation
to you, Except as expressly provided elsewhere in this Policy,
submissions shall not be subject to any obligation on our part,
including, without limitation, any obligation of confidentiality,
and we shall not be liable for any use or disclosure (including
publication in any medium) of any Submissions.
12. Changes to Terms and
Conditions.
The terms of this Policy may change from time to time. When you
visit the Site, you are bound by the version of this Policy that
is in effect at the time of your visit. You agree to check for such
amendments. If you cannot agree with such revised terms, signify
this by discontinuing use of the Site.
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