This CNH Web site is offered to you, the user (“User”), conditioned on
acceptance of the terms, conditions, and notices contained herein and without
modification. 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. Your access and use of this site constitutes acceptance of all
of these terms and conditions.
CNH refers to any entities under the common control of CNH Industrial, 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.
Monitoring of Use
By using this system, the User expressly consents to administrative monitoring
at all times. The User is further advised that system administrators may provide
evidence of possible criminal activity identified during such monitoring to
appropriate law enforcement officials. If the User does not consent to any
monitoring, the User should exit this system now.
Data Collection
CNH contracts with a Service Provider to help us assess visitations to our Web
Site. To do this, we place small pixel tags and cookies on the Web Site. While
these do allow our Service Provider to track the User's visits, the data
retrieved cannot be used for any reason without CNH's authorization. Data
collected may include information regarding the User's shopping habits, interest
in relevant products, demographic information, political affiliation and more.
If the User does not consent to this data collection, the User can Opt Out by
clicking this link https://www.quantcast.com/opt-out/.
Disclaimer
Every effort has been made by CNH to offer the most current, correct, and
clearly expressed information possible. Nevertheless, it is possible that errors
in information posted may occur. In particular but without limitation to any
portion of this Agreement, CNH disclaims any responsibility for inadvertent
errors and the accuracy of any news, financial information, data, or other
information that may be contained on CNH Web pages. The news, financial
information, data and information included on CNH servers has been compiled by
CNH personnel from a variety of sources and is subject to change without notice
to the User. CNH makes no warranties or representations of any kind regarding
the quality, content, completeness, suitability, accuracy, adequacy, sequence,
or timeliness of the content found on this Web site.
Links to Third Parties' Web Sites
CNH Web pages may currently or in the future include links to Web sites that are
controlled or operated by third parties. Any sites linked from the CNH Web site
are not under CNH's control. CNH assumes no responsibility or liability for any
information, communications or materials at such sites, or at any link contained
in a linked site. CNH does not intend any third party links to be considered as
referrals or endorsements of the linked entities or any products and/or services
marketed by them and are provided for convenience only. Each third party Web
site has its own policies about what information is appropriate for public
access. The user assumes sole responsibility for use of any third party links
and pointers.
Used Equipment Listings
The CNH Used Equipment Web site www.caseihused.com contains records of used
equipment inventory of CNH dealers who are making the offer for sale rather than
CNH. CNH assumes no responsibility or liability specifically but not limited to
any information, specifications, condition reports, photography, availability,
pricing, taxes or duties, or warranty information found at such site, or at any
link contained in a linked site. Each dealer is responsible for the information
contained or not contained within a unit’s condition report/offer details. The
User agrees to indemnify CNH, its officers, agents, employees, and other
personnel under its control against any and all liability, expenses, attorney
fees, and damages arising out of or relating to the use of units purchased
through a CNH Used Equipment Web site, including any claims alleging facts that
if true would constitute a breach by the User of these terms and conditions. In
all disputes arising out of or relating to the sale or use of any equipment
posted to a CNH Used Equipment Web site, the User consents to the exclusive
jurisdiction and venue of courts located in the country in which the dealership
selling the equipment resides.
Intellectual Property
The User acknowledges that this CNH Web site contains intellectual property that
is protected by state and/or federal trademark, trade secret and/or copyright
laws. The User agrees not to use, reproduce, distribute copies, or create
derivative works of any portion of this Web site including the content therein,
or engage in any other action that may violate the intellectual property rights
of CNH.
Assumption of Risk
By using CNH Web pages for any purpose, the User assumes all risks associated
with the use of this site and its individual pages. This risk includes but is
not limited to any risk to the User's computer, software or data being damaged
by any virus, software, or other file which might be transmitted or activated
via a CNH Web page or the User's access to it. CNH shall in no circumstance be
liable for any direct, indirect, special, incidental, consequential, or punitive
damages, including but not limited to lost profits or lost revenues, arising out
of or in any way connected to the use or misuse of this Web site, or from any
information, lack of information, documents, software, services, or other
material obtained through any CNH Web pages. The User also assumes any and all
risk arising out of the use of this Web site, whether based on contract, tort,
strict liability, or otherwise, even in the event that CNH and/or any of its
employees, affiliates, or agents have been advised of the possibility of damages
of any sort. CNH shall not be liable for any loss or injury caused in whole or
in part by its actions, omissions, or contingencies beyond its control,
including in procuring, compiling, procuring, displaying, or delivering the
information, or arising out of any errors, omissions, or inaccuracies in the
information regardless of how caused, or arising out of any user's decision, or
action taken or not taken in reliance upon the information or lack of
information furnished.
Forbidden Uses
UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS CNH'S COMPUTER
SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY
OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR
FEDERAL LAW. CNH reserves the right to terminate at its own discretion the
User's use of this Web site or forbid the User from accessing this Web site in
the future in the event of any abuse of the Web site or any unauthorized or
forbidden use by the User.
Use of Interactive Media
To the extent that this site contains or may contain electronic mail links,
bulletin boards, discussion forums, chat rooms, or other message or
communication facilities involving CNH and/or other users, the User agrees to
use such forums in their intended manner. Under no circumstances shall the user
violate any law by using such forums for purposes including but not limited to
defaming or harassing others, violating intellectual property rights of CNH or a
third party, posting or sending obscene or offensive material, and introducing
viruses, corrupted files or other programs which could damage or alter this Web
site or the computers of CNH or a third party. CNH reserves the right to remove
any contents of this Web site for any reason whatsoever. The User acknowledges
that any material posted by parties other than CNH or its affiliates are not
endorsed by CNH, and such communications shall not be considered reviewed or
approved by CNH.
Indemnification
The User agrees to indemnify CNH, its officers, agents, employees, and other
personnel under its control against any and all liability, expenses, attorney
fees, and damages arising out of or relating to the use of this Web site in any
way, including any claims alleging facts that if true would constitute a breach
by the User of these terms and conditions.
No Contractual Relationship
The User acknowledges that, by the use of this Web site, no relationship of any
kind, including but not limited to partnerships, joint ventures, employment,
contractual, or agency relationship, exists between the user and CNH or any of
its affiliates or employees.
Jurisdiction
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.
Applicable Laws
CNH's performance of this Agreement is subject to existing laws and legal
process and nothing contained herein is in derogation of CNH's right to comply
with law enforcement requests or requirements relating to any party's use of
this Web site or information provided to or collected by CNH regarding such use.
Survival
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, the invalid or unenforceable provision will be
deemed superseded by a valid and enforceable provision that closely resembles
the intent of the original provision and the remainder of the Agreement shall
continue in effect.
Entire Agreement
This Agreement constitutes the entire agreement between the User and CNH
regarding this Web site. This Agreement supersedes all prior or contemporaneous
communications made in any medium of expression between the User and CNH
regarding this Web site.
