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Terms of Use and Disclaimers for CumminsPower.com

Notice: Please read this document carefully before using this web site. Do not use this web site if you do not agree with the Terms and Conditions present in this document. Use of this web site signifies compliance with these Terms and Conditions.

Site Usage

Cummins Power Generation authorizes you to view and download designated electronic information at this Web site ("Site"). This electronic information ("Cummins Power Generation Information") may consist of software, technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Cummins Power Generation information and on any copies of the Cummins Power Generation information. You may not modify the Cummins Power Generation information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Cummins Power Generation information for any commercial purpose. For purposes of these Terms, any use of the Cummins Power Generation information on any other Web site or networked computer environment (including but not limited to posting of Cummins Power Generation information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Cummins Power Generation. The Cummins Power Generation information at this Site is copyrighted and any unauthorized use of any Cummins Power Generation information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Cummins Power Generation information obtained from the site.

Appropriate, Ethical and Legally Compliant Use

By using this Site, you agree not to disrupt or interfere with the security of, or otherwise abuse, the Web site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites; (b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites; (c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another's account, service or system without authorization from Cummins or create or use a false identity on this Site; (e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the Site; (g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and, (h) otherwise comply with all laws and requirements for use of this Web site, including those that apply to the data that it contains.

Product Information

The product information is furnished for the convenience of our customers and is accurate as possible. However, the manufacturer makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products.

User Submissions

Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Cummins Power Generation using links provided in this site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Cummins Power Generation or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Cummins Power Generation for any and all damages resulting from the user's actions or postings that violate any of these policies. Cummins Power Generation reserves the right to prohibit further postings by any user for violation of these standards.

Links To Other Web Sites

Links to third party Web sites from this site must be specifically approved in advance by Cummins You are not authorized to link any other Web site without our approval. Any approved links to Web sites not maintained by Cummins Power Generation on this Site are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. Cummins does not control and is not responsible for any of these sites or their content. Cummins Power Generation does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

The materials provided at this site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Cummins Power Generation further does not warrant the accuracy and completeness of the materials at this site. Cummins Power Generation may make changes to the materials at this site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date, and Cummins Power Generation makes no commitment to update the materials at this site. Information published at this site may refer to products, programs or services that are not available in your country or local area. Consult Cummins Power Generation directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT SHALL CUMMINS POWER GENERATION, ITS SUPPLIERS, OROTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS WEB SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEB SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. CUMMINS POWER GENERATION DISCLAIMS ANY LIABILITY FOR USE OF CUMMINS POWER GENERATION PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.

Applicable Laws

This Site is administered by Cummins Power Generation based in Columbus, Indiana. Cummins Power Generation makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of laws.

General

Cummins Power Generation reserves the right to modify these Terms at any time. The terms on this page are binding upon you, therefore, you should review them often. Terms listed in this document may be superseded by specific terms elsewhere on the site.

Order Forms, Registration Forms, and E-mail

This site uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Cummins Power Generation explicitly states that these forms do not constitute any agreement between Cummins Power Generation and the person submitting the form. Cummins Power Generation expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Cummins Power Generation directly via telephone. E-mail that is sent to Cummins Power Generation is transmitted via the Internet. Cummins Power Generation is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.

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