TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Holt Texas, Ltd. d/b/a HOLT CAT®, a Texas limited partnership (“HOLT CAT”), the owner and operator of the site accessible through www.holtcat.com, with respect to the use of this website (the “Site”). YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. PLEASE READ THIS AGREEMENT CAREFULLY AS IT FORMS A BINDING CONTRACT BETWEEN YOU AND HOLT CAT. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
HOLT CAT is a Caterpillar Inc. (“Caterpillar”) dealer. It receives certain services, such as online parts ordering, from Caterpillar. If you access these services, that access is subject Caterpillar’s Legal Notice, Applications Privacy Statement and Website Privacy Policy.
1. Use of Contents
You may use the Site only for your or your entity’s internal general business purposes, such as gathering information for your company’s purchase or rental of HOLT CAT equipment. The information provided in the Site is provided only in connection with the marketing efforts of HOLT CAT and is not to be used to seek similar opportunities from competitive suppliers or in competition with HOLT CAT. No information obtained by you through this Site shall create any warranty not expressly in any future agreement which may be entered into between you HOLT CAT. You shall access or use the Site and its content only to gather information and shall not access or use the Site or its content for other than the allowed purposes of the Site. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from HOLT CAT.
2. Use of Site
Your use of the Site is at the sole discretion of HOLT CAT, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
- (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- (b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- (c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- (d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
3. Links to Other Sites
The Site may contain links to third party websites. Such third party websites are not under the control of HOLT CAT. Please note that HOLT CAT is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, HOLT CAT can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that HOLT CAT has provided this link serve as an endorsement by HOLT CAT of this or any other site. In creating hypertext links to any other website, HOLT CAT is not recommending that website or giving any assurances as to its standing. HOLT CAT is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. HOLT CAT makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
4. Linking to this Site; Framing
You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with all applicable laws:
- You may link to but not replicate HOLT CAT content
- Do not present the link to HOLT CAT’s site in any way suggests that HOLT CAT has any relationship or affiliation with your site or endorses your site, products or services
- You should not present false information about HOLT CAT products or services
- Your site should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
- Unless we enter into a specific written agreement with you, you may not use any of HOLT CAT’s names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to the HOLT CAT site using the plain text name of HOLT CAT
- Do not use any of HOLT CAT’s names, logos, designs, slogans, product trademark or service marks or any other words or codes identifying HOLT CAT’s web site in any "metatag" or other information used by search engines or other information location tools to identify and select sites
- Your link must be to the current Site only. In permitting linking, HOLT CAT does not grant you the right to reproduce, modify, cache or archive the Site’s content for any purpose
You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent. You should not create a border environment around HOLT CAT content.
5. Disclaimer of Warranties
The information on this Site, including text, images, and links, are PROVIDED “AS IS” BY HOLT CAT SOLELY AS A CONVENIENCE TO ITS CUSTOMERS WITHOUT WARRANTY OF ANY KIND. HOLT CAT assumes no responsibility for errors or omissions in this Site or other documents which are referenced by or linked to this Site. This Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Contact HOLT CAT for further information before relying on any information contained herein. You are solely responsible for evaluating our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOLT CAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, HOLT CAT’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
- HOLT CAT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
- HOLT CAT IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOLT CAT OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- HOLT CAT MAKES NO WARRANTY THAT:
- (1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
- (3) THE QUALITY OF ANY EQUIPMENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
6. Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HOLT CAT AND ITS AFFILIATES, NOR THIRD PARTIES INVOLVED IN THE WRITING, PRODUCTION OR TRANSMISSION OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOLT CAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- (a) THE USE OR THE INABILITY TO USE THE SITE;
- (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- (c) THE FACT THAT YOU HAVE RELIED ON INFORMATION GIVEN ON THIS SITE; OR
- (d) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, HOLT CAT’S AND ITS AFFILIATE’S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST HOLT CAT ARISING OUT OF THE USE OF THE SITE.
HOLT CAT SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
7. Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
- (a) HOLT CAT grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.
- (b) Holt, Values-Based Leadership and other logos and other trademarks, service marks, labels, product names and service names used on the Site (collectively, the “Marks”) are owned or licensed by HOLT CAT. CAT, Caterpillar, their respective logos and “Caterpillar Yellow,” as well as corporate and product identity used herein (“Caterpillar Marks”), are trademarks of Caterpillar and may not be used without permission. Cat and Caterpillar are registered trademarks of Caterpillar, Inc., 100 N.E. Adams, Peoria IL 61629. You agree not to copy, display or otherwise use any of the Marks as the Caterpillar Marks without the prior written permission of HOLT CAT and Caterpillar. Notwithstanding the foregoing, neither the Marks nor the Caterpillar Marks may be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by HOLT CAT or Caterpillar.
- (c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, are Copyright © 2007, Holt Texas, Ltd.. All rights reserved.
- (d) Should you choose to send comments, questions, suggestions, ideas or the like relating to this Site or HOLT CAT products and services, you agree that such information shall be deemed as non-confidential and HOLT CAT shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.
8. Modification
HOLT CAT may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
9. Waiver
The failure by HOLT CAT to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
10. Entire Agreement
This Agreement constitutes the entire agreement between you and HOLT CAT with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. If you are a customer of HOLT CAT who has a written agreement with HOLT CAT, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with HOLT CAT.
11. Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
12. Governing Law and Venue
This Site (excluding linked sites) is controlled by HOLT CAT from its offices within the State of Texas, United States of America. This Agreement, the entire relationship between you and HOLT CAT, and any litigation or other legal proceeding between you and HOLT CAT (whether grounded in tort, contract, statute, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
13. Termination
HOLT CAT may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
14. Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
15. Contact Information
If you have a comment, question or request, or if you need to contact HOLT CAT for any other reason, there are four easy ways to do so.
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