CNH Industrial reserves the right to change or modify these Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on this Web site. Your continued use of the Web site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review these Terms from time to time. If you do not agree to the amended Terms, you must stop using the Web site. You agree that CNH Industrial may terminate your use of the Web site in its sole discretion for any reason.
Web Site Use. You agree to use this Web site only as permitted by applicable local, state, and federal laws. Additionally, you agree not to: 1) knowingly and without authorization, alter, damage, or destroy CNH Industrial's or another user's computer system, network, software, Web site, program, documentation or the 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; 3) use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or the content contained herein. In addition, any action by you that results in the blocking of access to this Web site by other users or CNH Industrial will be deemed an unauthorized use; or 4) in the event you elect to use the Web site to make a payment on a CNH Industrial account, you authorize CNH Industrial to store the payment information provided by you in order to pay the sums due and owing to CNH Industrial on an account, that the origination of an electronic withdrawal from any account or source provided by you complies with all applicable laws, that you represent and warrant that you are authorized to use the account or source you provide to CNH Industrial, and that such a payment authorization by you can be canceled by you at any time by written notice to CNH Industrial and will be effective five days after CNH Industrial receives the notice from you.
Disclaimer. Content available on the Web site is published for information purposes only and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. It is possible that content may have errors. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the content, nor are they a complete statement of the securities, markets or developments referred to herein. CNH Industrial is not under any obligation to update or keep current the content on the Web site.
The Web site may contain statements that constitute "forward looking statements". While these forward looking statements may represent CNH Industrial's judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from CNH Industrial's expectations. CNH Industrial is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.
Links to Third Parties' Web Sites. The Website may currently or in the future include links to sites that are controlled or operated by third parties. Sites linked to the Web site are not necessarily under CNH Industrial's control, and CNH Industrial assumes no responsibility or liability for any information, communications or materials at such sites, or at any site linked to a linked site. CNH Industrial does not intend that any third-party links be considered as referrals to or endorsements of the linked entities or any products and/or services marketed by them and such links are provided for convenience only. Each third party site has its own policies about what information is appropriate for public access. You assume sole responsibility for use of any third-party linked sites.
Intellectual Property. You acknowledge that this Web site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. You agree not to use, reproduce, distribute copies of, or create derivative works from any contents of the Web site, or engage in any other action that may violate the intellectual property rights of CNH Industrial.
Assumption of Risk. You assume all risk associated with the use of the Web site and reliance on the content contained herein. This risk includes, but is not limited to, any risk to your computer, software or data caused by any virus, software, or other file that might be transmitted or activated via the Web site or the your access to it.
Use of Interactive Media. To the extent that the Web site contains electronic mail links or other message or communication facilities involving CNH Industrial and/or other users, you agree to use such forums in their intended manner.
Electronic mail links provided on the Web site are for your convenience only; however, messages you send to these mailboxes may not be actively monitored and may have filters that prevent your message from reaching us, or reaching us in a timely manner. If you have a time-sensitive issue or question, please contact us at the applicable phone numbers provided for your convenience on our website.
Under no circumstances shall you violate any law by using such forums for improper purposes including, but not limited to, defaming or harassing others, violating intellectual property rights of CNH Industrial or a third party, posting or sending obscene or offensive material, or introducing viruses, corrupted files or other programs that could damage or alter this Web site or the computers of CNH Industrial or of a third party. You acknowledge that any material posted by parties other than CNH Industrial or its affiliates is not endorsed by CNH Industrial or its affiliates, and such communications shall not be considered reviewed or approved by CNH Industrial.
Indemnification. You agree to indemnify CNH Industrial, its directors, officers, agents and employees, against any and all liability, expenses, attorney fees, and damages arising out of or relating to your use of this Web site in any way, including, without limitations, any claims alleging facts that, if true, would constitute a breach by you of these terms.
Limitation of Actions and Liability. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE AND ANY CONTENT CONTAINED HEREIN IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CNH INDUSTRIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CNH INDUSTRIAL MAKES NO WARRANTY THAT THE WEB SITE OR THE CONTENT HEREIN WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FURTHER, CNH INDUSTRIAL DISCLAIMS ANY WARRANTY THAT THE WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY OF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILILTY OF CNH INDUSTRIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $250.00 (USD).
IN NO EVENT SHALL CNH INDUSTRIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE.
ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE ARE HEREBY EXCLUDED EVEN IF CNH INDUSTRIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH TYPES OF DAMAGES.
YOU, CNH INDUSTRIAL AND OTHER THIRD PARTIES WHO MAY UTLIZE THE CNH INDUSTRIAL WEBSITE OR RELATED SERVICES, WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THE CNH INDUSTRIAL WEBSITE IN ANY WAY, INCLUDING BUT NOT LIMITED TO, THE USE OF THE WEBSITE, LINKS TO AND FROM THE WEBSITE OR ARRISING FROM OR CONNECTED TO THE WEBSITE IN ANY MANNER. ALL PARTIES AGREE THAT THIS WAIVER IS KNOWLINGLY, WILLINGLY AND VOLUNTARILY GIVEN.
Jurisdiction. These Terms are and shall be governed by the laws of the State of Wisconsin in the United States of America. You consent 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. You irrevocably waive any objection that you may have at any time to the venue of any suit, action or proceeding out of or relating to these Terms brought in any such court and irrevocably waive any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
Applicable Laws. Nothing contained herein is in derogation of CNH Industrial'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 CNH Industrial regarding such use.
Survival. If any part of these Terms 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 Terms shall continue in effect.
Entire Agreement. These Terms constitute the entire agreement between you and CNH Industrial regarding the Web site supersedes all prior or contemporaneous communications made in any medium of expression between you and CNH Industrial regarding the Web site and the subject matter of these Terms.