This CNH Industrial Capital Web site (the “Web site”) is offered to you
conditioned on your acceptance
of these terms, conditions, and
notices contained herein (the “Terms”) and
Industrial Capital America LLC and their affiliated companies ("CNH
Industrial" also referred to as “us” or “we”) may modify the content or format of this Web site and
discretion and without advance notice. The term “you” or “I” refers
to the user or viewer of our Web site. Your access
and use of this site constitutes acceptance by you of all of these Terms.
CNH Industrial reserves the right to change or modify these
Terms at any time and in its sole discretion. Any changes or modification will
be effective immediately upon posting of the revisions on this Web site. Your
continued use of the Web site following the posting of changes or modifications
will constitute your acceptance of such changes or modifications. Therefore, you
should periodically review these Terms from time to time. If you do not
agree to the amended Terms, you must stop using the Web site. You agree that
CNH Industrial may terminate your use of the Web site in its sole discretion
for any reason.
information on how CNH Industrial collects, uses and discloses information it
collects from you as you use the Web site.
Web Site Use. You agree
to use this Web site only as permitted by applicable local, state, and federal
laws. Additionally, you agree not
to: 1) knowingly and without authorization, alter, damage, or destroy CNH Industrial’s or another user’s computer system, network,
software, Web site, program, documentation or the 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; 3) use any robot, spider, other automatic device, or manual
process to monitor or copy our Web site or the content contained herein. In
addition, any action by you that results in the
blocking of access to this Web site by other users or CNH Industrial will be
deemed an unauthorized use; or 4) in the event you elect to use the Web site to
make a payment on a CNH Industrial account, you authorize CNH Industrial to
store the payment information provided by you in order to pay the sums due and
owing to CNH Industrial on an account, that the origination of an electronic
withdrawal from any account or source provided by you complies with all
applicable laws, that you represent and warrant that you are authorized to use
the account or source you provide to CNH Industrial, and that such a payment
authorization by you can be canceled by you at any time by written notice to
CNH Industrial and will be effective five days after CNH Industrial receives
the notice from you.
Monitoring of Use. We routinely monitor and
track browsing habits and users’ interaction with the Web site. By using
the Web site, you consent to this kind of administrative
on how we collect and use information about you as a user of this Web Site.
Disclaimer. Content available on the Web
site is published for information purposes only and is not to be construed as a
solicitation or an offer to buy or sell any securities or related financial
instruments. It is possible that content may have errors. No representation or
warranty, either express or implied, is provided in relation to the accuracy,
completeness or reliability of the content, nor are they a complete statement
of the securities, markets or developments referred to herein. CNH Industrial
is not under any obligation to update or keep current the content on the Web
The Web site may contain
statements that constitute "forward looking statements". While these
forward looking statements may represent CNH Industrial’s judgment and future expectations, a number of
risks, uncertainties and other important factors could cause actual
developments and results to differ materially from CNH Industrial’s
expectations. CNH Industrial is under no obligation to (and expressly disclaims
any such obligation to) update or alter its forward looking statements whether
as a result of new information, future events, or otherwise.
Links to Third Parties'
Web Sites. The Website may
currently or in the future include links to sites that are controlled or
operated by third parties. Sites linked to the Web site
are not necessarily under CNH Industrial's control, and CNH Industrial assumes
no responsibility or liability for any information, communications or materials
at such sites, or at any site linked to a linked site.
CNH Industrial does not intend that any third-party links be considered as
referrals to or endorsements of the linked entities or any products and/or
services marketed by them and such links are provided for convenience only.
Each third party site has its own policies about what
information is appropriate for public access. You assume sole responsibility for use of any third-party linked sites.
Intellectual Property. You acknowledge that this Web site contains
intellectual property that is protected by state and/or federal trademark,
trade secret and/or copyright laws. You agree not to use, reproduce, distribute copies of, or create
derivative works from any contents of the
Web site, or engage in any other action that may violate the intellectual
property rights of CNH Industrial.
Assumption of Risk. You assume all risk associated with the use of the
Web site and reliance on the
content contained herein. This risk includes, but is
not limited to, any risk to your
computer, software or data caused by any virus, software, or other file that
might be transmitted or activated via the
Web site or the your
access to it.
Use of Interactive
Media. To the extent that the Web site contains electronic mail
links or other message or communication facilities involving CNH Industrial
and/or other users, you agree to
use such forums in their intended manner.
Electronic mail links provided on the Web site
are for your convenience only; however, messages you send to these mailboxes
may not be actively monitored and may have filters that prevent your message
from reaching us, or reaching us in a timely manner. If you have a
time-sensitive issue or question, please contact us at the applicable phone
numbers provided for your convenience on our website.
Under no circumstances shall you violate any law by using such forums for improper purposes
including, but not limited to, defaming or harassing others, violating
intellectual property rights of CNH Industrial or a third party, posting or
sending obscene or offensive material, or introducing viruses, corrupted files
or other programs that could damage or alter this Web site or the computers of
CNH Industrial or of a third party. You acknowledge that any material posted by parties other than CNH
Industrial or its affiliates is not endorsed by CNH Industrial or its
affiliates, and such communications shall not be considered reviewed or
approved by CNH Industrial.
Indemnification. You agree
to indemnify CNH Industrial, its directors, officers, agents and employees,
against any and all liability, expenses, attorney fees, and damages arising out
of or relating to your use of this Web site in any way,
including, without limitations, any claims alleging facts that, if true, would
constitute a breach by you of these
Limitation of Actions
and Liability. YOU EXPRESSLY AGREE THAT USE OF THE WEB
SITE AND ANY CONTENT CONTAINED HEREIN IS AT YOUR SOLE RISK. THE WEB SITE
IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CNH INDUSTRIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CNH INDUSTRIAL MAKES NO WARRANTY THAT THE WEB SITE OR THE
CONTENT HEREIN WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEB SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FURTHER, CNH
INDUSTRIAL DISCLAIMS ANY WARRANTY THAT THE WEB SITE IS FREE OF VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR
LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE
EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY OF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILILTY OF
CNH INDUSTRIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, IF
ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $250.00 (USD).
IN NO EVENT SHALL CNH INDUSTRIAL, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES
GREATER THAN THE AMOUNT REFERRED TO ABOVE.
ALL OTHER DAMAGES,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT
OF OR RELATING TO YOUR USE OF THE WEB SITE ARE HEREBY EXCLUDED EVEN IF CNH INDUSTRIAL, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
TYPES OF DAMAGES.
YOU, CNH INDUSTRIAL AND OTHER THIRD PARTIES WHO
MAY UTLIZE THE CNH INDUSTRIAL WEBSITE OR RELATED SERVICES, WAIVE ANY AND ALL
RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THE CNH
INDUSTRIAL WEBSITE IN ANY WAY, INCLUDING BUT NOT LIMITED TO, THE USE OF THE
WEBSITE, LINKS TO AND FROM THE WEBSITE OR ARRISING FROM OR CONNECTED TO THE
WEBSITE IN ANY MANNER. ALL PARTIES AGREE THAT THIS WAIVER IS KNOWLINGLY,
WILLINGLY AND VOLUNTARILY GIVEN.
Jurisdiction. These Terms are and shall be governed by the
laws of the State of Wisconsin in the United States of America. You consent 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. You
irrevocably waive any objection
that you may have at any time to
the venue of any suit, action or proceeding out of or relating to these Terms brought in any such court and irrevocably waive any claim that such suit, action or proceeding is brought
in an inconvenient forum and further irrevocably waive the right to object, with respect to any such claim, suit,
action or proceeding brought in any such court, that such court does not have
jurisdiction over you.
Applicable Laws. Nothing
contained herein is in derogation of CNH Industrial’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 Industrial regarding such use.
Survival. If any part of these Terms
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 Terms shall
continue in effect.
Entire Agreement. These Terms constitute the entire agreement between you and CNH Industrial regarding the Web site
supersedes all prior or contemporaneous communications made in any medium of
expression between you and CNH
Industrial regarding the Web site
and the subject matter of these Terms.