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Case Construction Equipment User Agreement
This CASE CONSTRUCTION EQUIPMENT Web site is offered to you, the user
("User"), conditioned on acceptance of the terms, conditions, and
notices contained herein and without modification. CASE CONSTRUCTION
EQUIPMENT may modify the content or format of this Web site or
discontinue the operation of this Web site in its sole discretion and
without advance notice. Your access and use of this site constitutes
acceptance of all of these terms and conditions.
CASE CONSTRUCTION EQUIPMENT refers to any entities under the common control of CNH Global, N.V.
Web Site Use. The User agrees to use this Web site
as permitted by applicable local, state, and federal laws. Additionally,
the User agrees not to: 1) knowingly and without authorization, alter,
damage, or destroy CASE CONSTRUCTION EQUIPMENT's or another user's
computer system, network, software, Web site, program, documentation or
data contained therein; 2) use this Web site to conduct or attempt to
conduct any business or activity or solicit the performance of any
activity that is prohibited by law. Any action by the User that results
in the blocking of access to this Web site by other users or CASE
CONSTRUCTION EQUIPMENT will be deemed an unauthorized use.
Monitoring of Use. By using this system, the User
expressly consents to administrative monitoring at all times. The User
is further advised that system administrators may provide evidence of
possible criminal activity identified during such monitoring to
appropriate law enforcement officials. If the User does not consent to
any monitoring, the User should exit this system now.
Disclaimer. Every effort has been made by CASE
CONSTRUCTION EQUIPMENT to offer the most current, correct, and clearly
expressed information possible. Nevertheless, it is possible that errors
in information posted may occur. In particular but without limitation
to any portion of this Agreement, CASE CONSTRUCTION EQUIPMENT disclaims
any responsibility for inadvertent errors and the accuracy of any news,
financial information, data, or other information that may be contained
on CASE CONSTRUCTION EQUIPMENT Web pages. The news, financial
information, data and information included on CASE CONSTRUCTION
EQUIPMENT servers has been compiled by CASE CONSTRUCTION EQUIPMENT
personnel from a variety of sources and is subject to change without
notice to the User. CASE CONSTRUCTION EQUIPMENT makes no warranties or
representations of any kind regarding the quality, content,
completeness, suitability, accuracy, adequacy, sequence, or timeliness
of the content found on this Web site.
Links to Third Parties' Web Sites. CASE CONSTRUCTION
EQUIPMENT Web pages may currently or in the future include links to Web
sites that are controlled or operated by third parties. Any sites
linked from the CASE CONSTRUCTION EQUIPMENT Web site are not under CASE
CONSTRUCTION EQUIPMENT's control. CASE CONSTRUCTION EQUIPMENT assumes no
responsibility or liability for any information, communications or
materials at such sites, or at any link contained in a linked site. CASE
CONSTRUCTION EQUIPMENT does not intend any third party links to be
considered as referrals or endorsements of the linked entities or any
products and/or services marketed by them and are provided for
convenience only. Each third party Web site has its own policies about
what information is appropriate for public access. The user assumes sole
responsibility for use of any third party links and pointers.
Used Equipment Listings. The CASE CONSTRUCTION EQUIPMENT Used Equipment Web site www.caseused.com
contains records of used equipment inventory of CASE CONSTRUCTION
EQUIPMENT dealers who are making the offer for sale rather than CNH.
CASE CONSTRUCTION EQUIPMENT assumes no responsibility or liability
specifically but not limited to any information, specifications,
condition reports, photography, availability, pricing, taxes or duties,
or warranty information found at such site, or at any link contained in a
linked site. Each dealer is responsible for the information contained
or not contained within a unit’s condition report/offer details. The
User agrees to indemnify CASE CONSTRUCTION EQUIPMENT, its officers,
agents, employees, and other personnel under its control against any and
all liability, expenses, attorney fees, and damages arising out of or
relating to the use of units purchased through a CASE CONSTRUCTION
EQUIPMENT Used Equipment Web site, including any claims alleging facts
that if true would constitute a breach by the User of these terms and
conditions. In all disputes arising out of or relating to the sale or
use of any equipment posted to a CASE CONSTRUCTION EQUIPMENT Used
Equipment Web site, the User consents to the exclusive jurisdiction and
venue of courts located in the country in which the dealership selling
the equipment resides.
Intellectual Property. The User acknowledges that
this CASE CONSTRUCTION EQUIPMENT Web site contains intellectual property
that is protected by state and/or federal trademark, trade secret
and/or copyright laws. The User agrees not to use, reproduce, distribute
copies, or create derivative works of any portion of this Web site
including the content therein, or engage in any other action that may
violate the intellectual property rights of CASE CONSTRUCTION EQUIPMENT.
Assumption of Risk. By using CASE CONSTRUCTION
EQUIPMENT Web pages for any purpose, the User assumes all risks
associated with the use of this site and its individual pages. This risk
includes but is not limited to any risk to the User's computer,
software or data being damaged by any virus, software, or other file
which might be transmitted or activated via a CASE CONSTRUCTION
EQUIPMENT Web page or the User's access to it. CASE CONSTRUCTION
EQUIPMENT shall in no circumstance be liable for any direct, indirect,
special, incidental, consequential, or punitive damages, including but
not limited to lost profits or lost revenues, arising out of or in any
way connected to the use or misuse of this Web site, or from any
information, lack of information, documents, software, services, or
other material obtained through any CASE CONSTRUCTION EQUIPMENT Web
pages. The User also assumes any and all risk arising out of the use of
this Web site, whether based on contract, tort, strict liability, or
otherwise, even in the event that CASE CONSTRUCTION EQUIPMENT and/or any
of its employees, affiliates, or agents have been advised of the
possibility of damages of any sort. CASE CONSTRUCTION EQUIPMENT shall
not be liable for any loss or injury caused in whole or in part by its
actions, omissions, or contingencies beyond its control, including in
procuring, compiling, procuring, displaying, or delivering the
information, or arising out of any errors, omissions, or inaccuracies in
the information regardless of how caused, or arising out of any user's
decision, or action taken or not taken in reliance upon the information
or lack of information furnished.
Forbidden Uses. UNDER NO CIRCUMSTANCE SHALL THE USER
ACCESS OR ATTEMPT TO ACCESS CASE CONSTRUCTION EQUIPMENT'S COMPUTER
SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF
EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY
LOCAL, STATE, OR FEDERAL LAW. CASE CONSTRUCTION EQUIPMENT reserves the
right to terminate at its own discretion the User's use of this Web site
or forbid the User from accessing this Web site in the future in the
event of any abuse of the Web site or any unauthorized or forbidden use
by the User.
Use of Interactive Media. To the extent that this
site contains or may contain electronic mail links, bulletin boards,
discussion forums, chat rooms, or other message or communication
facilities involving CASE CONSTRUCTION EQUIPMENT and/or other users, the
User agrees to use such forums in their intended manner. Under no
circumstances shall the user violate any law by using such forums for
purposes including but not limited to defaming or harassing others,
violating intellectual property rights of CASE CONSTRUCTION EQUIPMENT or
a third party, posting or sending obscene or offensive material, and
introducing viruses, corrupted files or other programs which could
damage or alter this Web site or the computers of CASE CONSTRUCTION
EQUIPMENT or a third party. CASE CONSTRUCTION EQUIPMENT reserves the
right to remove any contents of this Web site for any reason whatsoever.
The User acknowledges that any material posted by parties other than
CASE CONSTRUCTION EQUIPMENT or its affiliates are not endorsed by CASE
CONSTRUCTION EQUIPMENT, and such communications shall not be considered
reviewed or approved by CASE CONSTRUCTION EQUIPMENT.
Indemnification. The User agrees to indemnify CASE
CONSTRUCTION EQUIPMENT, its officers, agents, employees, and other
personnel under its control against any and all liability, expenses,
attorney fees, and damages arising out of or relating to the use of this
Web site in any way, including any claims alleging facts that if true
would constitute a breach by the User of these terms and conditions.
No Contractual Relationship. The User acknowledges
that, by the use of this Web site, no relationship of any kind,
including but not limited to partnerships, joint ventures, employment,
contractual, or agency relationship, exists between the user and CASE
CONSTRUCTION EQUIPMENT or any of its affiliates or employees.
Jurisdiction. This Agreement is governed by the laws
of the State of Wisconsin in the United States of America. The User
consents to the exclusive jurisdiction and venue of courts located in
Wisconsin, U.S.A. in all disputes arising out of or relating to the use
of this Web site. Use of this Web site is not authorized in any
jurisdiction that does not give effect to all provision of these terms
and conditions. The User irrevocably waives any objection that it may
have at any time to the venue of any suit, action or proceeding out of
or relating to this Agreement brought in any such court and irrevocably
waives any claim that such suit, action or proceeding is brought in an
inconvenient forum and further irrevocably waives the right to object,
with respect to such claim, suit, action or proceeding brought in any
such court, that such court does not have jurisdiction over the User.
Applicable Laws. CASE CONSTRUCTION EQUIPMENT's
performance of this Agreement is subject to existing laws and legal
process and nothing contained herein is in derogation of CASE
CONSTRUCTION EQUIPMENT's right to comply with law enforcement requests
or requirements relating to any party's use of this Web site or
information provided to or collected by CASE CONSTRUCTION EQUIPMENT
regarding such use.
Survival. If any part of this Agreement is
determined to be invalid or unenforceable pursuant to applicable law,
the invalid or unenforceable provision will be deemed superseded by a
valid and enforceable provision that closely resembles the intent of the
original provision and the remainder of the Agreement shall continue in
Entire Agreement. This Agreement constitutes the
entire agreement between the User and CASE CONSTRUCTION EQUIPMENT
regarding this Web site. This Agreement supersedes all prior or
contemporaneous communications made in any medium of expression between
the User and CASE CONSTRUCTION EQUIPMENT regarding this Web site.
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CNH Industrial America LLC Attn: CASE Customer Relations 621 State Street Racine, WI 53402
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