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Privacy Notice for Perkins Storefronts

This version was last updated in August 2022.

Introduction

This privacy notice describes how Perkins Engines Company Limited collect(s) and process(es) the personal information through Perkins Storefronts (https://eu.perkins.com and https://shop.perkins.com). As part of the Caterpillar Inc. group of companies this notice is consistent with Caterpillar’s Global Privacy Statement, which describes generally how Caterpillar collects, processes and shares personal data, rights that you may have under privacy laws, and other information relevant to Caterpillar’s processing of personal information. Caterpillar’s Global Privacy Statement is available at http://www.caterpillar.com/dataprivacy

Purpose of this privacy notice

This privacy notice aims to give you information on how Perkins collects and processes your personal data through your use of the websites, including any data you may provide through the websites when you ask us a question or for information, sign up to our marketing information, purchase a product or service or take part in a promotion.

This website is not intended for children and we do not knowingly collect data relating to children through this website.

It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other applicable notices and is not intended to override them.

Controller

Perkins Engines Company Limited is the controller and responsible for your personal data (collectively referred to as “Perkins”, "we", "us" or "our" in this privacy notice).

The data we collect about you

Personal data, or personal information, means any information related to an identified or identifiable individual. It does not include data where the identity has been removed, such that the data no longer relate to identified or identifiable individual (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, last name, username or similar identifier, title, date of birth.

Contact Data includes billing address, delivery address, email address and telephone numbers.

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, products and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you, including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you apply for our products or services; create an account on our website; subscribe to our publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us some feedback.

Cookies; automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.

Third parties. We may receive personal data about you from third parties, including personal data from Perkins distributors as necessary to facilitate your experience on the website, Technical Data from analytics providers, and Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

How we use your personal data

The purposes for which we will use your personal data include the following:

To register your user account; to process and deliver your order including to (a) Manage payments, fees and charges and (b) Collect and recover payments; To manage our relationship with you which may include: (a) Notifying you about changes to our terms or privacy policy, (b) Asking you to leave a review or take a survey; To enable you to partake in a discount offer, a prize draw, competition or complete a survey; To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data); To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you; To use data analytics to improve our website, products/services, marketing, customer relationships and experiences; To make suggestions and recommendations to you about goods or services that may be of interest to you (including marketing communications from us, if you have requested information from us or where you have opted in to receive such marketing information).

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can update your preferences in your account options within the Perkins sites, following opt-out links, or you can email us at customerservices-uk@perkins.com.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in this Notice, including within the Caterpillar enterprise and external third parties such as our distributors and dealers, service providers who provide IT and system administration services, financial processing services, and export control checking, professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services, and to government agencies which require reporting of processing activities in certain circumstances.

Where can I obtain further information about this Website and its privacy practices?

Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to customerservices-uk@perkins.com.

For additional information about Caterpillar’s privacy practices, including corporate contact information, please see the Global Privacy Statement at http://www.caterpillar.com/dataprivacy

What happens if this privacy notice changes?

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the site following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.

Cookie Statement

Cookies

When you visit this Site we will send you a cookie. A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.

If you do not allow this website to use cookies, then certain features or sections of the Site may not be available to you or may not function as expected. Cookies can also be removed or blocked by following the help directions in your browser.

Browser Settings

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser

Internet Advertising

We use cookies, web beacons (also known as action tags or single-pixel

Click here for additional details about the use of Cookies on https://shop.perkins.com.

Terms of use

Welcome to shop.perkins.com, a Perkins Engines, Inc. website.  These “Terms of Use” contain the terms and conditions that govern your access to and use of Perkins websites (the "Site" or "Sites," including https://shop.perkins.com; all networked websites operated by Perkins and its parent, subsidiaries and affiliates under common ownership with Perkins ("Networked Sites"), and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("Content")).  This is an agreement between you or the entity you represent ("you") and Perkins Engines, Inc., a Maryland corporation with offices located at c/o Perkins Engines, Inc. c/o Caterpillar Inc. 100 N.E. Adams St., Peoria, IL 61219 (together with our parent and subsidiaries that may make any Sites available to you, "Perkins," "we," "us," or "our").  Perkins is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of this Terms of Use and documents referenced herein without modification.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT.  IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.  

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time.  All such modifications and changes shall apply to your access and use of the Sites and Content from and after such modifications and changes are posted at https://shop.perkins.com.  Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes.  Please review the most current version of these Terms of Use at any time at https://shop.perkins.com.

Networked Websites

Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites.  If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites.  If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use.  Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.  

Use of Site

You may access and use the Sites solely in accordance with these Terms of Use.  You will strictly adhere to all laws, rules, regulations and Perkins policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence.  In addition you will not:

  • Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.  
  • Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password "mining" or any other illegitimate means.  
  • Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.  
  • Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Perkins, including but not limited to personal identification or information.  
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Perkins's systems or networks, or any systems or networks connected to any Site or to Perkins.    
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person's use of any Site.
  • Distribute viruses or any other technologies that may harm Perkins or the interests of property any other person or entity, including any other user of any Site.   
  • Circumvent or manipulate our fee structure, the billing process or fees owed to Perkins,  or its distributors, dealers or  business associates.  
  • Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Perkins on or through any Site.  
  • Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Perkins or others.

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:

  • That Perkins owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("Perkins IP").  
  • That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
  • Perkins owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Perkins IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights.  You will undertake any and all action necessary to vest such ownership in Perkins, including without limitation assigning (and you hereby assign) to Perkins all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.  
  • No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Perkins's express prior written consent which should be addressed to: . www.cat.com/logo
  • That all marks that appear throughout the Sites and Content belong to Perkins, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws.  Any use of any of such marks without the express written consent of Perkins or the owner of the mark, as appropriate, is strictly prohibited.  
  • Perkins may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Perkins or others.

Grant of License

Perkins grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use.  You may not:

  • Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
  • Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
  • Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
  • Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
  • Use any Site or Content in a "service bureau" or similar structure whereby third parties obtain use of any Site or Content through you.
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.  

Copyright Agent

Perkins respects the rights of all copyright holders and in this regard, Perkins has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Perkins's Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site. 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Perkins's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent
100 N.E. Adams St.
Peoria, IL 61629-9620
Email: CopyrightAgent@cat.com

Submissions

Do not use this Site as a means of submitting information you consider to be proprietary.   Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Perkins applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Perkins for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Perkins, or postings on this Site, are non-confidential (subject to Perkins's Privacy Policy) and shall become the sole property of Perkins. Perkins shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  The submission of any materials to Perkins, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Privacy

When you access or use any Site, it may ask you for optional personal information (including your name and an identifier for your computer).  Perkins collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorized to use this program, to improve Perkins products and services, and to enable Perkins, and its distributors and dealers to understand who within its service territory is using the Sites or to offer you our products and or services.  Perkins may provide such information to its affiliates, parent, subsidiaries or other trusted businesses or persons, including Perkins distributors and dealers.  Perkins will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Perkins may, or you may by using any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located.  By entering such information and/or using any Site, you consent to the collection, processing and transfer of the information by Perkins consistent with this paragraph.  Our Site’s Privacy Policy at https://shop.perkins.com/privacy provides additional information on our data collection and processing practices on the Sites described therein.  We may update our Site’s  Privacy Policy at any time.  Additional or different privacy policies may apply to specific Sites.

Interactive Forums and User Materials

The Sites may, from time to time, include discussion forums and interactive areas.  Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
  • Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any user Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
  • Without Perkins's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Perkins takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  As a provider of interactive services, if any, Perkins is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

Perkins has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas.  Perkins may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials.   Perkins reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.  

You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site. 

Forward Looking Statements

The Sites, and any documents issued by us available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance and speak only as of the date they are made, and we do not undertake to update our forward-looking statements.  

Caterpillar’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global and regional economic conditions and economic conditions in the industries we serve; (ii) commodity price changes, material price increases, fluctuations in demand for our products or significant shortages of material; (iii) government monetary or fiscal policies; (iv) political and economic risks, commercial instability and events beyond our control in the countries in which we operate; (v) our ability to develop, produce and market quality products that meet our customers’ needs; (vi) the impact of the highly competitive environment in which we operate on our sales and pricing; (vii) information technology security threats and computer crime; (viii) additional restructuring costs or a failure to realize anticipated savings or benefits from past or future cost reduction actions; (ix) failure to realize all of the anticipated benefits from initiatives to increase our productivity, efficiency and cash flow and to reduce costs; (x) inventory management decisions and sourcing practices of our dealers and our OEM customers; (xi) a failure to realize, or a delay in realizing, all of the anticipated benefits of our acquisitions, joint ventures or divestitures; (xii) union disputes or other employee relations issues; (xiii) adverse effects of unexpected events including natural disasters; (xiv) disruptions or volatility in global financial markets limiting our sources of liquidity or the liquidity of our customers, dealers and suppliers; (xv) failure to maintain our credit ratings and potential resulting increases to our cost of borrowing and adverse effects on our cost of funds, liquidity, competitive position and access to capital markets; (xvi) our Financial Products segment’s risks associated with the financial services industry; (xvii) changes in interest rates or market liquidity conditions; (xviii) an increase in delinquencies, repossessions or net losses of Cat Financial’s customers; (xix) currency fluctuations; (xx) our or Cat Financial’s compliance with financial and other restrictive covenants in debt agreements; (xxi) increased pension plan funding obligations; (xxii) alleged or actual violations of trade or anti-corruption laws and regulations; (xxiii) international trade policies and their impact on demand for our products and our competitive position; (xxiv) additional tax expense or exposure; (xxv) significant legal proceedings, claims, lawsuits or government investigations; (xxvi) new regulations or changes in financial services regulations; (xxvii) compliance with environmental laws and regulations; and (xxviii) other factors described in more detail in Caterpillar’s Forms 10-Q, 10-K and other filings with the Securities and Exchange Commission.

 

Press Releases

The Content contained within press releases issued by Perkins should not be deemed accurate or current except as of the date the release was posted.  Perkins has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

No Warranties

PERKINS, ITS PARENTS AND SUBSIDIARIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "PERKINS PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERKINS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.  NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.  

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE PERKINS PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF PERKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES).  THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS.  IN NO EVENT SHALL PERKINS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO PERKINS WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.  

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to indemnify, defend and hold harmless each of the Perkins Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights.  You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Perkins Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

Termination

Perkins, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason.  The license granted herein will automatically terminate without further action of Perkins if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein.  Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content and destroy all copies, full or partial, of all Confidential Information.  At Perkins's request, you will provide Perkins with a written statement signed by you or your duly authorized representative certifying that the all Confidential Information has been so destroyed.   The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, Choice of Law; Severability shall survive the termination of these Terms of Use.

Updating Sites

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content.  As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software.  Unless otherwise explicitly stated by Perkins, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.

Linked Sites

The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Perkins's control, and Perkins is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Import and Export Compliance

You may not use, transfer, release or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site and Content was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List without prior valid US government authorization and any required authorization from any applicable government. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country are on any such list, or are deemed to be so listed by operation of law. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Rights

The Sites, Content and products on this Site are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users pursuant to the license customarily provided to the public, with only those rights as are granted to the public pursuant to the terms and conditions herein and the Perkins’s applicable public sector end user license agreement.  Any government entity end user’s rights and obligations shall be governed by these Terms of Use and the Terms and Conditions of Sale governing the purchase of products on this Site, and such public sector license agreement, as modified by a written addendum agreed upon by authorized representatives of both parties.  Unless modified by such addendum, or otherwise expressly agreed to in writing by authorized representatives of Perkins and the government entity end user, these Terms of Use and the Terms and Conditions of Sale shall govern each party’s rights and obligations.  As the Sites, Content and products offered consists of Commercial Computer Software and Commercial Computer Software Documentation offered pursuant to a standard commercial license, this provision and the rights and obligations in such addendum are in lieu of, and supersede, any Federal Acquisition Regulation (“FAR”) clauses, clauses found in the Defense FAR Supplement (“DFARS”), or other federal, state, or local government clauses or provisions that address a government entity’s rights in computer software, technical data, or intellectual property.

Contractual Statute of Limitations

You agree that you will not assert against Perkins any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

Dispute Resolution and Mandatory Arbitration

All disputes, claims and controversies relating in any way to your use of the Sites or Content, or to any products or services sold or distributed by such Sites, or otherwise arising out of or relating to these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:  Chief Legal Officer, Perkins Engines, Inc., c/o Caterpillar Inc., 100 N.E. Adams St., Peoria, Illinois  61629.  The arbitration will take place in Chicago, Illinois in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures.  Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations."  In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitration panel shall consist of one individual appointed by Perkins and you.  Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the dispute.  If Perkins and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA.  Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph.  The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms of these Conditions of Use.

This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof.  Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction. 

The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.

Choice of Law; Severability

These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws).  Each party submits to the exclusive jurisdiction of the courts of that place.  If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or

We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This S has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Entire Agreement

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites,  and Content and supersedes and replaces all prior agreements.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.  The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

Inquiries

Should you have any questions concerning these Terms of Use, write to Perkins Engines Inc., c/o Caterpillar Inc. 100 N.E. Adams St., Peoria, IL 61629-6490, Attn:  Chief Legal Officer

Legal Notices

The information on this Site, including text, images, and links, are PROVIDED 'AS IS' BY PERKINS ENGINES INC. SOLELY AS A CONVENIENCE TO ITS DISTRIBUTORS, DEALERS AND CUSTOMERS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Perkins Engines, Inc. assumes no responsibility for errors or omissions on this Site or for documents which are referenced by or linked to this Site. This Site could include technical or other inaccuracies, and not all products referenced herein are available in all areas. Changes are periodically added to the information, and Perkins Engines, Inc. may change the products described on this Site at any time. Contact your local Perkins distributor or dealer for further information before relying on any information contained herein.

Should you choose to respond directly to Perkins with comments, questions, suggestions, ideas or the like relating to this Site or Perkins products, you agree that such information shall be deemed as non-confidential and Perkins shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

Promotion Official Terms and Conditions

THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THE PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THE TERMS AND CONDITIONS FOR THIS PROMOTION.

  • 1. Promotion Sponsor: The Promotion is sponsored by Perkins Engines Inc., 1600 West Kingsbury Street, Seguin, Texas, 78155 (the “Sponsor” or “Caterpillar”).
  • 2. Terms of Promotion:
    • a. Subject to these Official Terms and Conditions, the purchaser (a “Purchaser”) of any product in an order placed on shop.perkins.com (the “Site”) during the Offer Period will receive a discount (the “Discount”) off the purchase price (as shown on the Site) for the product. The Discount will be applied to each applicable product in the Purchaser’s cart at check out when the purchaser enters the promo code (the “Promo Code”) in the space provided for the Promo Code in the Purchaser's shopping cart during check out. The Discount is limited to products that are shown on the Site as being in stock at the time of the order and is not transferable or redeemable for cash. The Discount is not valid for orders (i) placed outside the Offer Period, (ii) where the Promo Code is not entered as required, or (iii) where the order is not otherwise permitted through the Site.
    • b. The Promotion is only available for an order that is shipped to an address in the continental United States and the District of Columbia (i.e., excluding Hawaii, Alaska, Puerto Rico, the U.S. territories and possessions), and the Purchaser of the order must be 18 years of age or older (or participating with their legal guardian's prior written consent).
    • c. Purchaser's placing of an order satisfying the terms set forth above shall constitute said Purchaser’s consent and agreement to these Official Terms and Conditions. Any order that is placed and is eligible for the Promotion shall still be subject to cancellation at the discretion of the Sponsor.
    • d. The Sponsor reserves the right, in its sole discretion, to disqualify any Purchaser should such Purchaser at any stage supply untruthful, incomplete, inaccurate, or misleading details and/or information.
  • 3. Value:
    • a. The aggregate value of the Discounts offered in the Promotion will vary based on the number of orders with a Discount applied to the order and the value of the products in each individual order.
    • b. The Sponsor shall not assume any liability for the shipment of an order or any portion thereof in any manner, including any late delivery, or any lost, damaged or misdirected products.
    • c. The Sponsor shall not be liable in the event an order is prohibited from being shipped due to any legal or regulatory restriction, or due to unforeseen circumstances including, but not limited to, acts beyond Sponsor’s reasonable control, including due to acts of God.
  • 4. General Terms and Conditions: The Promotion is subject to all federal, state, and local laws and regulations. The invalidity or unenforceability of any provision of these Official Terms and Conditions shall not affect the validity or enforceability of any other provision. The Sponsor, its parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns shall not be responsible for (1) typographical, printing or other errors, or any combination thereof; (2) inability to access the Site; (3) theft, tampering, destruction, or unauthorized access to, or alteration of, information submitted via the Site; or (4) data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or Website or for any other reason whatsoever. The Sponsor’s failure to enforce any term of these Official Terms and Conditions shall not constitute a waiver of that provision. In the event of any conflict between these Official Terms and Conditions and any other terms applicable to the shipping of an order, these Official Terms and Conditions shall govern.
  • 5. Limitation of Liability: Each Purchaser (i) acknowledges compliance with these Official Terms and Conditions; (ii) agrees to be bound by the decisions of the Sponsor relating to the Promotion and these Official Terms and Conditions, which are final and binding in all respects; (iii) agrees that the Sponsor has sole discretion to resolve any disputes as it sees fit; and (iv) agrees that neither the Purchaser nor his/her/its heirs, successors, or assigns will assert any claim related to damages, losses or injuries against Perkins or its related corporations, parents, subsidiaries, dealers and of the foregoing’s respective parents, subsidiaries, affiliates and each of their respective employees, shareholders, directors, officers, members, personnel, agents, contractors, successors and assigns. The Sponsor, its affiliates, and dealers: (i) make no warranty, guaranty or representation of any kind concerning any shipment; (ii) disclaim any implied warranty relating to any shipment; (iii) are not in any way responsible or liable for damage, loss or injury of any kind including, but not limited to, death or bodily harm, actually or allegedly arising from entry into the Promotion; (iv) disclaim any responsibility for any actual or alleged loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from any website, regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected to the Site by a hypertext link; and (v) disclaim any liability for either for the termination, suspension or modification of the Promotion for any reason or through the acts or defaults of any company or person providing any shipping.
  • 6. Release Indemnity: By participating in the Promotion, all Purchasers, agree to release and hold harmless the Sponsor and its parent, subsidiaries, and affiliate companies, and each of the foregoing’s respective employees, shareholders, directors, officers, members, personnel, agents, attorneys and assigns (collectively, the “Releasees”) from any and all damages, injuries, claims, causes of action, or losses of any kind resulting in whole or in part, directly or indirectly, from such Purchaser's participation in the Promotion, any breach of these Official Terms and Conditions, including without limitation: personal injury, death, property damage, defamation, infringement of intellectual property rights, and claims based on the rights of publicity and privacy. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF ANY KIND OF LIABILITY, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA; INCOME; OR PROFIT; LOSS OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES, AND ANY OTHER DAMAGES, AND THE RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
  • 7. Data Privacy: By participating in the Promotion, each Purchaser (i) grants to the Sponsor and its respective authorized agents the right to use his/her/its name, e-mail address, and such other information provided in connection with registering for the Promotion (“Personal Information”) for the purposes of administering the Promotion including, but not limited to, contacting the Purchaser; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; (iii) authorizes Sponsor and its dealers to send the Purchaser additional promotional correspondence, subject to Purchaser's right to "opt out" of future correspondence; and (iv) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i), (ii) and (iii) above. The Sponsor will use the Purchaser’s Personal Information and will protect the Purchaser’s Personal Information in each case in a manner that is consistent with the Sponsor’s privacy policy. To view Perkins Engine Company Limited’s Privacy Policy visit https://www.perkins.com/en_GB/campaigns/myengine/privacy-policy.html.
  • 8. Choice of Law/Dispute Resolution:(a) The laws of the State of Illinois, without giving effect to any choice of law or conflict rules, govern the Promotion (including, without limitation, the rights and obligation of the Purchasers and the Sponsor in connection with the Promotion) and these Official Terms and Conditions. All disputes, claims and controversies relating to or arising out of the Promotion or these Official Terms and Conditions (collectively, “Dispute”) will be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. The location of the arbitration will be Chicago, Illinois, United States of America. Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that the parties are waiving the right to a trial by jury. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any award issued by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in accordance with applicable laws in any court of competent jurisdiction.
  • 9. Termination: The Sponsor reserves the right, in its sole discretion, to terminate the Promotion, in whole or in part, and/or modify, amend or suspend the Promotion, and/or the Official Terms and Conditions in any way, at any time, for any reason without prior notice.

© 2022 Perkins Engines, Inc. All Rights Reserved.

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