Dealer Portal Terms of Services
1.1 The following terms and conditions govern your use of this Application (as defined below), so please read them carefully. Your installation or use of any aspect of the Application (www.channelone.cummins.com) indicates your understanding of this agreement and agreement to these terms and conditions (the “Agreement”). If you do not agree, you are not authorized to download and use the Application. Please email us at the following address if you have any questions about the Application or these Terms of Service: email@example.com.
2.1. The "Application" means the software provided by Cummins Power Generation ("Cummins") to you hereunder and downloaded or used by you to offer you information, services and products, along with any updates and upgrades provided from time to time and any other software or documentation from Cummins that enables installation or use of the Application. The latter are also subject to this Agreement unless they are accompanied by a separate license agreement, in which case the terms of that license agreement will govern.
3. USER SUBMISSIONS AND PRIVACY
3.1. You acknowledge and agree that any material, information or ideas transmitted to or post on this Site by any means (including, but not limited to e-mails sent to Cummins using links provided in this site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Cummins 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 for any and all damages resulting from the user's actions or postings that violate any of these policies. Cummins reserves the right to prohibit further postings by any user for violation of these standards.
3.2. You represent and warrant to Cummins that that (1) you have the legal right and authorization to provide all Data to Cummins for the purposes and Cummins’ use as set forth herein, and (2) where you are not the owner of the information that you have obtained written authorization and consent from the owner to provide the Data to Cummins for the purposes and Cummins’ use as set forth herein. You agreed to defend, indemnify and hold Cummins harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Cummins arising out of (a) your breach of any terms and conditions of this Section 3, and (b) any Data you provide to Cummins or otherwise collect or process using the Application.
3.3. Cummins may use the Data before and after the term of this Agreement to facilitate the provision of software updates, product support and other products and services related to the Application to you and other customers. Cummins may also use the Data before and after the term of this Agreement for any other commercial purpose as permitted by applicable law, as long as it does so in a manner that does not personally identify you to third parties who are not providing you services on Cummins’ behalf.
3.5 We use the information you provide to us to address your request, process your order, or respond to your questions. We may share your personal information with our subsidiaries, joint ventures, affiliates, authorized distributors and other business partners or agents, to the extent that they are assisting Cummins in fulfilling your request or providing products or services to our customers, or for other marketing purposes on behalf of Cummins. We do not sell or share personal information provided to us with third parties for their own separate use. You always have the right to unsubscribe (opt out) from our marketing programs.
Cummins does not sell or share personal information provided to us with third parties for their own separate use.
3.6 Cummins Inc. and its U.S. affiliates have certified their compliance with the U.S. Department of Commerce’s U.S.-EU and U.S.-Swiss Safe Harbor Frameworks. As such, Cummins Inc. and its U.S. affiliates have committed to uphold the Safe Harbor requirements and principles that are set forth by the U.S. Department of Commerce with respect to the collection, use, and retention of human resource personal information pertaining to residents of the European Union member countries and Switzerland. The Safe Harbor Principles are: notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Cummins’ certification, please visit http://www.export.gov/safeharbor/. If you have questions about Cummins’ Safe Harbor privacy procedures or practices or believe that your information has been mismanaged, you can email us at firstname.lastname@example.org, or write to us at Cummins Inc., 500 Jackson Street, Columbus, Indiana USA 47201. 3.7 Like most websites, we collect information online through “cookies” and other web analytics. Cookies are pieces of information stored directly on the computer you are using. They do not identify the person using the computer or otherwise affect the computer, but rather tell us such things as how many users visited our site, the pages accessed, and whether there were any problems or delays in loading pages. By collecting this information, we learn how to best tailor our websites to our visitors and ensure that they function properly. Some cookies serve an essential function and the websites cannot work properly without them. Where such essential or strictly necessary cookies are used, they cannot be disabled. Other types of cookies, such those that involve performance or functionality, don’t identify you as an individual but may enhance your online experience by saving your preferences while you are visiting a particular site so that you do not need to reset them each time you visit the website. Finally, targeted or advertising cookies help collect information about your browsing habits in order to make advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. You can decline any performance, functionality or targeted/behavioral advertising cookie for this website and other websites by resetting your web browser so that it does not accept these technologies. However, doing so means you may not be able to take full advantage of all our website features. You can also obtain general information about the use of these technologies by going to www.aboutcookies.org. Signing up for a Mobile App is voluntarily, and may require you to provide some personal information, including, without limitation, information to identify your location. 3.8 Cummins has put in place appropriate physical, electronic, and organizational measures that are designed to safeguard and secure the information we collect online from loss, misuse, alteration, unauthorized access, or theft. This includes appropriate safeguards for customers making purchases through our sites, as well as those who enroll in our programs.
3.9 This website is not intended to collect or maintain any information from children under the age of 13. If we learn that we collected any information from anyone under the age of 13, we will purge it immediately, except for responding to a question or inquiry on a one-time basis from the individual.
3.10 We take reasonable steps to ensure that your personal information on file with us is accurate and up-to-date. In that regard, we invite you to contact us to update your information if it changes, such as your email address, so that you can continue to receive information from us that you have requested.
4. PROPRIETARY RIGHTS AND LICENSE; CONDITIONS
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application that are now existing or that hereafter come into existence, together with those of the underlying software code and information provided or generated by the Application are owned either directly by Cummins or its licensors.
4.2. Subject to the conditions set forth below and your payment of all fees (if any), Cummins hereby grants you a non-exclusive, royalty-free, non-transferable, non-sublicenseable, personal license to download and use, on a compatible Apple iOS or Android OS personal device that you own or control, the Application and information provided for your personal use in accordance with this Agreement. All other rights are reserved by Cummins and its licensors. No other express or implied licenses or ownership rights are granted to you.
4.3. You will not, nor allow third parties on your behalf, nor are you granted any right, to (i) make or distribute copies of the Application, rent, lease, sell, or otherwise transfer the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, or translate the Application (except to the extent that any of the foregoing restrictions is expressly prohibited by law); or (iii) create derivative works of the Application. If you sell your mobile device to a third party, you must remove the Application from it before doing so.
5. CATALOG INFORMATION
The catalog information is furnished for the convenience of our dealers, distributors and customers and is accurate as possible. However, the Cummins and/or the manufacturer makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products. All other specifications and application information are taken from authoritative information. Every attempt has been made to supply original factory installation information. Many manufacturers offer options on specific models; manufacturers may make production line changes on a model during the production year; owners may modify equipment. Cummins Inc. is not responsible for misapplications.
6. LINKS TO OTHER WEB SITES
Links to third party Web sites not maintained by Cummins 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 has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Cummins 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.
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 further does not warrant the accuracy and completeness of the materials at this site. Cummins 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 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 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.
8. CHANGES; AVAILABILITY
8.2. Cummins reserves the right to change or withdraw the Application, the form and content of the information provided, and/or this Agreement at any time and for any reason without prior notice.
8.3. 5he Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors beyond Cummins' control. Moreover, neither Cummins nor any of its subsidiaries and affiliates has any responsibility for the availability or unavailability of the Application or information therefrom due to interruption of service, difficulty or inability to download or access content, any bug or virus, or any communication system failure or any factors beyond Cummins’ control.
9. LAWFUL AND PROPER USE; INDEMNIFICATION
9.1 You represent and warrant that you will only use the Application for lawful purposes in accordance with all applicable Federal, State, international and local laws and regulations, and that in the case of Applications that you use to monitor equipment, that you have the right and authority to connect the Application to such equipment and monitor it.
9.2 You agree to indemnify and hold harmless Cummins and its affiliates and its and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to your noncompliance with this Agreement or the inaccuracy of any of your representations and warranties in this Agreement.
10. SYSTEM REQUIREMENTS
10.1. In order to use the Application, you are required to have, maintain and update at your sole, expense internet access, and the necessary ports, adapters, dongles or other equipment, all of which must meet the minimum specifications prescribed by Cummins from time to time.
10.2. The version of the Application software may be updated or upgraded from time to time to add or change support for new functions and services. Your failure to use an updated or upgraded version could result in a lower quality experience or loss of functionality or access to data.
11.1. Cummins may terminate, modify or suspend all or part of the Application and related services or your access at any time for any reason without notice and without any liability to you, except that if it does so without cause solely for convenience and you are paying recurring license fees to Cummins, Cummins will provide you a pro-rata refund of any such license fees to account for any pre-paid usage for the remainder of the applicable billing term. Otherwise, you will remain liable for all amounts due through the date of termination.
11.2. Upon any termination, the rights and licenses granted to you herein shall terminate; and you must cease all use of the Application immediately.
12. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
12.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CUMMINS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS OR LICENSORS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE APPLICATION OR ANY INFORMATION PROVIDED, GENERATED OR TRANSMITTED THROUGH IT, OR ANY FAILURE THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFIT, GOODWILL, SALES, SERVICE, TIME, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NOTIFIED OF THE POSSIBILITY OF A CLAIM FOR SUCH DAMAGES.
12.2. Cummins is not liable for any damage or alteration to equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use or update of the Application.
12.3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUMMINS’ OR ITS SUPPLIERS OR LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE APPLICATION OR ANY INFORMATION PROVIDED, GENERATED OR TRANSMITTED THROUGH IT, OR THE FAILURE THEREOF (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) ALL LICENSE OR SIMILAR FEES PAID BY YOU TO CUMMINS FOR THE USE OF THE APPLICATION DURING THE 12 MONTHS PRIOR TO WHEN THE CAUSE OF ACTION AROSE; OR (B) FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. WARRANTY DISCLAIMER
THE APPLICATION AND THE INFORMATION PROVIDED, GENERATED OR TRANSMITTED THROUGH IT ARE MADE AVAILABLE "AS IS" AND WITH ALL FAULTS AND DEFECTS. CUMMINS DOES NOT WARRANT THE ACCURACY OF THE INFORMATION PROVIDED OR THAT YOUR USE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED . CUMMINS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD THERETO, INCLUDING ANY WARRANTIES AGAINST INFRINGEMENT OR OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. Without limiting the generality of Section 6.1, you agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
15. GOVERNMENT USE
The Application and related documentation 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 being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
16. GOVERNING LAW; VENUE
16.1 This site is administered by Cummins Power Generation based in Fridley, Minnesota, USA. The laws of the State of Minnesota, excluding its conflicts of law rules, govern this Agreement. Your use of the Application may also be subject to other local, national or international laws.
16.2 Any legal action arising out of or relating to this Agreement may be filed only in the state court located in Minnesota. You irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action, and you waive any jurisdictional, venue or inconvenient forum objections to such court.
This Agreement does not create any agency, distributorship, employee-employer, partnership, joint venture or similar business relationship between you and Cummins.
18 SEVERABILITY; LANGUAGE
18.1 The provisions of this Agreement shall be severable and independent of each other. In the event that any provision shall be determined to be unenforceable in a particular jurisdiction by a court of competent jurisdiction, such determination shall not be deemed to affect the enforceability of any other provision, and any court making such a determination is hereby requested and empowered to modify such provision and to substitute such limitation or provision of a maximum scope as it then deems reasonable and judicially enforceable, and the parties agree that such substitute provision shall be as enforceable in such jurisdiction.
18.2 In the event that a translation of this Agreement is provided to you, the English language version shall be the official version and shall govern if there is a conflict between the two.
19. ENTIRE AGREEMENT; CHANGES
This Agreement contains the entire agreement between the parties with respect to its subject matter, other than any additional terms and conditions required by the applicable App Store, and it supersedes all prior writings or agreements thereto. Cummins reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Application. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Application will be deemed acceptance thereof.
If you have questions about this website, including our Cummins privacy practices, you can contact us by emailing us at email@example.com, or writing to us at Cummins Inc. Global Headquarters, 500 Jackson Street, Columbus, IN 47201.
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