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
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
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.
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
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.
this Policy and its terms are incorporated by this reference.
link). The policy explains how certain information about you
is collected and may be used. If you do not agree with the
use the Site.
11. No Payment for Submission of Comments, Ideas, and Other
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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