CNH
USER AGREEMENT
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.
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.
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.
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.