Terms of Use

Copyright © 2015 Wabtec Corporation. All rights reserved

 

Terms of Use

Thank you for visiting the Wabtec website (“Site”).  The Site is operated by Wabtec Corporation [and its subsidiaries] (“Wabtec,”) for the benefit of you and, if applicable, the entity for which you are using the Site (“you”).  Your use of the Site is governed at all times by the following Terms of Use as they may be amended from time to time. [Certain sections of the Site may contain additional restrictions as to use or access. ]Each time you access the Site you are indicating that you have read and agree to the Terms of Use and that you have authority to enter into this agreement between Wabtec and you.  If you do not agree with the Terms of Use, you must discontinue use of the Site.

1. Permission to Use the Site; Restrictions.

Wabtec hereby grants you permission to use the Site and its Content only for your personal use and in accordance with these Terms of Use. “Content” means any data and information accessible on the Site, including without limitation text, images, video, graphics, audio files, software, and any combination or derivative work of them. Wabtec reserves the right to suspend or revoke your use permission in its sole discretion without notice. You may download and print Content, including these Terms of Use, 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 its 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.

2. Disclaimer -- No Warranties; As Is.

Content on the Site may contain technical inaccuracies or typographical errors.  Content may be changed, updated or deleted without notice. Wabtec may also make changes in products and the programs described in the Site at any time without notice. Products and programs are subject to availability, credit approval and Wabtec’s sales terms and conditions. Wabtec may publish information on the Site regarding products, programs or services not available in all geographical locations. Contact a Wabtec Sales Representative for information on the products, programs and services that may be available to you.

THE SITE, AND EVERYTHING PROVIDED ON 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. WABTEC HEREBY DISCLAIMS 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. WABTEC DOES NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO: THE AVAILABILITY OF THE SITE, FUNCTIONALITY, TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE. Use of the Site is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT SHALL WABTEC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY USE OF THE SITE OR ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR SYSTEM OR OTHERWISE, EVEN IF WABTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THESE TERMS OF USE , AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE.

3. Intellectual Property Notices.

Wabtec and its licensors hold the copyright in all Content on the Site. The Content includes trademarks (registered and unregistered), text, graphics, logos and service marks that are the property of Wabtec and other parties.  You are permitted to display, copy, distribute and download the Content for personal, noncommercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content.  Nothing in these Terms of Use confers any rights in the Content to you that are not specifically mentioned in these Terms of Use.

4. Links to Third-Party Web Sites.

As a convenience to you, the Site may provide hyperlinks to other websites controlled by third parties (“Third-Party Websites”). The products and information on Third-Party Websites are promoted and sold by third parties and not by Wabtec. Your visit to these Third-Party Websites, and any transactions or information gathering you engage in at those websites, are subject to the terms and conditions of the Third-Party Websites, not the terms and conditions of the Site. Any links on the Site to Third-Party Websites do not imply a business or other relationship, or an endorsement of the websites by Wabtec, unless specifically stated in the Site, and no such Third-Party Website is authorized to make any representation or warranty on Wabtec’s behalf. In no event shall Wabtec be held liable in any manner for providing a link or reference to a Third-Party Website.

5. Prohibited Uses.

You shall not engage in unacceptable use of the Site or its Content, which includes, without limitation, use of the Site or its Content 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 these Terms of Use or deemed by Wabtec to be in conflict with the spirit or intent of these Terms of Use.

6. Indemnification.

You agree to indemnify, hold harmless and defend Wabtec, and its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, or your violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

7. Governing Law; Venue.

These Terms of Use and any dispute arising hereunder will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to the principles of its conflict of law provisions. You agree and consent to the exclusive 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 these Terms of Use or to access and use of the Site. If you choose to access the Site from outside the U.S. you are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. Privacy.

The Wabtec Privacy Policy is a part of these Terms of Use 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.

9. 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 Wabtec 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 in the Privacy Policy, Wabtec has no obligations regarding any Submission, including any obligation of confidentiality or remuneration, and Wabtec shall not be liable for any use or disclosure (including publication in any medium) of any Submission.

10. Changes to Terms and Conditions.

These Terms of Use may change from time to time. When you visit the Site, you are bound by the version of these Terms of Use that is then in effect and you should, therefore, periodically visit this page to determine the then-current Terms of Use to which you are bound.