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Terms of Use

Any use of this website, provided by Wacker Neuson Corporation and/or its affiliated companies ("Wacker Neuson"), is subject to the following Terms of Use. By accessing or using this website you accept the current Terms of Use. Please read these Terms of Use carefully before using this website.  If you do not agree to these Terms of Use, you are not authorized to use this website.

1. Services

Wacker Neuson makes specific information and software, as well as related documentation, available on this website for viewing or downloading.

Wacker Neuson reserves the right to restrict, discontinue or make changes to its websites or the services and information contained therein at any time without notice. Wacker Neuson also reserves the right to restrict, refuse or terminate access of any person to its websites or any part thereof without notice at any time at its own discretion.

Although Wacker Neuson strives to ensure an uninterrupted availability of its websites and services, as well as error-free transmission, it gives no warranties or guarantees.

2. Contents

The contents of this website are provided for information and communication purposes only and are not legally binding.

The information about Wacker Neuson products only serve as general information without obligation and are no substitute for detailed individual advice to help prospective customers make their decision. The technical features and fixtures of the described equipment and machines serve merely as examples. Any such features and fixtures may vary from country to country. They are subject to change at any time.

The forward-looking statements contained on this website are based on current assumptions and forecasts of Wacker Neuson's management. They therefore embody risks and uncertainties. Wacker Neuson does not assume any obligation to update such forward-looking statements. These statements are expressly excluded from liability.

If any stock market and economic data, rates, indices, prices, news, general market-related information, etc. is made available, such data and information is provided solely as a source of information for visitors to our websites, and does not represent investment advice or any other form of recommendation. To the extent that the websites contain recommendations by analysts, Wacker Neuson shall not accept any liability whatsoever with regard to the accuracy and completeness of underlying assumptions and conclusions these recommendations are based upon.

3. Use

This web site is designed and provided by Wacker Neuson in the State of Wisconsin, USA.
Wacker Neuson shall not be responsible as to whether the contents of this website are suitable for use outside of the United States of America, or whether access to the contents of this website is permissible outside the United States of America. Any such access is made at the discretion and risk of the visitor. It is each user's responsibility to comply with all relevant laws and regulations. Information and files made available by Wacker Neuson may only be passed on to third parties in compliance with the relevant regulations of national and international (re-)export control legislation.

You shall refrain from any misuse of the websites, in particular (a) any behavior that would be considered a violation of common decency; (b) attempts to compromise the security of the Wacker Neuson network, especially by uploading any contents containing viruses or similar malware that could compromise the functionality of another computer; (c) circumvention of the websites' security measures; (d) distribution of advertising or unsolicited e-mails (so-called "spam") and the like; (e) restricting, or attempting to restrict, access to the websites or services in any way whatsoever (e.g., by an exceptionally large attempts to access the website, irrespective whether these are generated manually or automatically); (f) uploading, posting, emailing or otherwise transmitting any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Materials") that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable; (g) impersonating any person or entity, including, but not limited to, any law enforcement officer, or any Wacker Neuson employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Materials transmitted through the websites or services; (i) uploading, posting, emailing or otherwise transmitting any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement); (j) uploading, posting, emailing or otherwise transmitting any Materials that infringe, contribute to the infringement of, or induce others to infringe, any patent, trademark, trade secret, copyright or other proprietary rights of any party; (k) uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (l) uploading, posting, emailing or otherwise transmitting anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any other way cause damage to a user's data against the will of the user; (m) disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the website or services are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges; (n) interfering with or disrupting the website or services or servers or networks connected to the website or services, or disobeying any requirements, procedures, policies or regulations of networks connected to the website or services; (o) intentionally or unintentionally violating any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law; (p) "stalking" or otherwise harassing another; (q) collecting or storing personal data about other users; or (r) sending any password protected information to any unauthorized third-parties.

Wacker Neuson may deny access to its websites at any time, in particular if the user breaches any obligation arising from these Terms of Use. Wacker Neuson reserves the right to make further claims, for instance for compensation, or instigate legal proceedings following breach of these Terms.

4. Registration

Accessing certain areas or functions of the website may require you to register. There is no entitlement to registration.

It is the responsibility of the user to provide accurate and complete information and to update this whenever necessary. By registering the user consents to being contacted by Wacker Neuson via email and direct mail.

Registered users are responsible to keep their log-in details confidential in order to prevent unauthorized access to your account. You are liable for orders placed and any other activities carried out on the websites with your log-in details. You must inform Wacker Neuson immediately if your log-in details are or may be used without authorization.

Wacker Neuson is entitled to deny access at any time without prior notice and without giving reasons by blocking the log-in details, especially if the user fails to comply with the above mentioned obligations.

5. Intellectual Property

This website is the property of Wacker Neuson and is operated and maintained by Wacker Neuson. All information and data (text, photographs, graphics, audio, video, or animation files) are, unless otherwise indicated, property of Wacker Neuson. They are protected by copyright law and other legislation protecting intellectual property, as is the structure and configuration of the websites.

Unless otherwise indicated, the names and brands and on the sites - also those without specific indication - are trademark protected. This is particularly the case for corporate logos and symbols. Use of these marks without prior written permission by Wacker Neuson is prohibited.
Every time the websites are accessed, the copyright, name, trademark and other proprietary rights of Wacker Neuson Corporation and its affiliated companies are to be respected.

Any information, trademarks and other content of Wacker Neuson websites must not be (wholly or in part) altered, copied, reproduced, sold, rented, made use of, added to or otherwise employed.

Inserting hyperlinks on the home pages of Wacker Neuson websites, e.g., www.wackerneuson.com, is permissible provided the link causes the target page to be fully reloaded without being placed in a frame. Links not conforming to this rule must be approved by Wacker Neuson prior to insertion.

Neither the websites nor these Terms of Use confer a license to use the intellectual property of companies of the Wacker Neuson Group. Furthermore, no obligation exists for Wacker Neuson to confer such rights.

All communications and other material (including and without limitation unsolicited ideas, suggestions or other elements) which you send via electronic means on these sites or to Wacker Neuson may be used by Wacker Neuson without compensation or remuneration for any commercial or other purposes. Doing so does not give rise to a contractual relationship.

6. Privacy & Confidentiality

Data transfers via this website as well as emails and comments sent to Wacker Neuson are not secure. Therefore, Wacker Neuson cannot be held responsible for the confidentiality and integrity of the transmitted contents or publication or any other use of these submissions.
Whenever you transfer personal information while using this website, or make them available on this website, you consent to Wacker Neuson's use of these data according to the terms described in the separate information about Privacy (link in footer).

7. Disclaimers of Warranties and Limitations of Liability

The information Wacker Neuson provides on the websites has been compiled with the greatest of care and is continuously updated. However, we cannot warrant or guarantee that the information is entirely free of errors. For this reason we exclude all liability or warranty with regard to the validity, accuracy, completeness and up-to-dateness of the information provided on this website. We are under no obligation to update the content of the websites.

Wacker Neuson is not liable and accepts no responsibility for or warrants or guarantees the functionality or content of external websites, services or software products, which are made accessible on the websites via hyperlinks. The relevant hyperlinks are always marked with a special symbol (  ). On activating the hyperlink, you leave the website information provided by Wacker Neuson. Different rules may therefore apply to the offers of third parties in particular with regard privacy policies. Access to a web site of another company via a hyperlink on this web site is the sole responsibility of the user. Wacker Neuson is not liable for the linked contents. A hyperlink to an external web page merely represents a service offered to users. It does not imply that Wacker Neuson endorses or approves of such other website or the products and services described therein.
Wacker Neuson has taken appropriate measures to maintain the security of the websites. However we cannot warrant or guarantee that they are virus-free, or the security of the websites or the transmitted files and data. Therefore, Wacker Neuson recommends that for their own protection users install appropriate security software on their computer.

Wacker Neuson assumes no liability for the use of this website and its contents. It is entirely at the risk of the user.

WACKER NEUSON MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO WACKER NEUSON OR THE CONTENTS OF THIS WEBSITE, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." WACKER NEUSON AND THIS WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO WACKER NEUSON AND THIS WEBSITE. WACKER NEUSON DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT WACKER NEUSON OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS.  WACKER NEUSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WACKER NEUSON OR THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  BY VISITING THIS WEBSITE YOU AGREE THAT WACKER NEUSON SHALL BE HELD HARMLESS FROM ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED ON THIS WEBSITE.  WACKER NEUSON SHALL NOT BE REQUIRED OR OBLIGATED TO HONOR ANY PRICE IF SAID PRICE IS INCORRECT OR INACCURATE, REGARDLESS OF WHETHER THE INFORMATION WAS ENTERED BY WACKER NEUSON.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WACKER NEUSON BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF WACKER NEUSON, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WACKER NEUSON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WACKER NEUSON BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).

The above disclaimers of warranties and limitations of liability shall apply and govern these Terms of Use to the maximum extent permitted by law.

8. Place of Jurisdiction & Applicable Law

The use of the websites and these Terms of Use are governed by the laws of the State of Wisconsin, USA, regardless of conflicts of law provisions.  For the avoidance of doubt, the UN Convention on Contracts for the International Sales of Goods (CISG) shall not apply to these Terms of Use.  Any dispute, claim or controversy relating to or arising under these Terms of Use shall be commenced and prosecuted exclusively in the state or federal courts located within Milwaukee County, Wisconsin, and each party hereto consents to the exclusive jurisdiction of such courts and waives any objection to such jurisdiction.

9. Miscellaneous

Wacker Neuson reserves the right to change or update these Terms of Use at any time. The current version is legally binding.

Under certain circumstances these Terms of Use may be modified, supplemented or replaced by further conditions, e.g., for the purchase or goods and/or services, and/or in connection with special offers, irrespective of whether or not these Terms of Use expressly refer to such other terms and conditions.

If for any reason certain of these Terms of Use are declared inadmissible or unenforceable, all other terms are not affected in any way. In such cases the Terms of Use shall then be construed as if such inadmissible or unenforceable Terms had never been contained herein and, in so far as possible, in such a way as to maintain the original intent of these Terms of Use.

For questions about the Wacker Neuson websites, or if you encounter problems, please contact our webmaster: webmaster@wackerneuson.com.

 

Effective Date:  May 20, 2013