Terms of Use


USER AGREEMENT

By using or visiting the Site, you expressly agree to be bound by all terms and conditions set forth herein (the "Terms of Use"), as well as our privacy policy (“Privacy Policy”) which is incorporated into these Terms of Use. If you do not agree to the Terms of Use and Privacy Policy, please do not use or visit the Site. CNH reserves the right to change these Terms of Use at any time, effective upon posting on the Site. Please check the Terms of Use and Privacy Policy periodically for changes. If you violate these Terms of Use, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. Any new features or functionality that augment or enhance the Site in the future shall be considered part of the Site and subject to these Terms of Use. If you register for or use additional features available as a part of the Site, additional terms and conditions, rules, policies and disclaimers may apply CNH may modify the content or format of this Web site or discontinue the operation of this Web site in its sole discretion and without advance notice. CNH refers to any entities under the common control of CNH Global, N.V.

WEB SITE USE

The User agrees to use this Web site as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, or destroy CNH's or another user's computer system, network, software, Web site, program, documentation or 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. Any action by the User that results in the blocking of access to this Web site by other users or CNH will be deemed an unauthorized use.

DISCLAIMER

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. CNH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.

Goods or services neither manufactured nor rendered by CNH are the sole responsibility of the manufacturer or provider of those goods or services. CNH disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than CNH. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We make no representations or warranties as to the security of any information (including without limitation personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against CNH or any CNH parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CNH OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CHOICE OF LAW AND FORUM

This Agreement is governed by the laws of the State of Wisconsin in the United States of America. The User consents 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 and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

INDEMNIFICATION

Upon request by CNH, you agree to defend, indemnify, and hold harmless CNH, its parent, subsidiaries, limited liability and other affiliated companies, and their respective shareholders, members, employees, contractors, officers, and directors (the “Indemnified Parties”) from all liabilities, claims, and expenses, including attorney's fees, that arise from your violation of these Terms of Use or your use of the Site other than as permitted herein. CNH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CNH in asserting any available defenses. Your obligations hereunder shall extend to claims alleging an Indemnified Party’s negligence, willful misconduct or violation of law unless adjudicated as such by a court of common law.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CNH with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CNH with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

CNH may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time with or without notice to you. You agree that CNH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You may terminate your use of the Site at any time. CNH reserves the right, in its sole discretion, to terminate your access and license to all or part of the Site at any time with or without notice.