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Terms of Use/Privacy Policy
1. ACCEPTANCE OF TERMS AND CONDITIONS
The following
are terms of a legal agreement between any user of this website ("User" or "You") and Carter Fuel Systems, LLC and
its subsidiaries and affiliates (“Carter”). By accessing, browsing and/or using this site ("Site"), User
acknowledges having read, understood, and hereby agrees, to be bound by these terms and to comply with all
applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not
agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but
not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by
Carter from its offices within the State of Indiana, United States. It can be accessed from all fifty (50) states
and other countries of the world, but products are for sale or license on this site only for U.S. customers and
shipping destinations.
2. APPLICABLE LAWS
Any claim relating to this
Site, and the use of this Site and the materials contained herein is governed by the laws of the State of Indiana,
United States, without regard to conflict of law principles. You also agree and hereby submit to the exclusive
personal jurisdiction and venue of the state and federal courts located in Cass County, Indiana, with respect to
such matters.
3. TRADEMARKS AND COPYRIGHTS
The trademarks, service
marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of
Carter and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark
owner. Trademarks of Carter may not be used in any way, without prior written permission of Carter. Carter
prohibits use of any Carter Trademark as a "hot" link to this Site or any Carter site without prior written
permission of Carter.
4. LINKS TO THIRD PARTY SITES
This Site contains
links to third-party sites. The linked sites are not under the control of Carter and Carter is not responsible for
the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites,
or any transmission from any linked site. Carter is providing these links to third-party sites only as a
convenience, and the inclusion of any link does not imply endorsement by Carter of the site.
5.
USE RESTRICTIONS
The copyright in material provided on this Site is held by Carter or
others. Except as stated herein, none of the copyrighted material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Carter
or the copyright owner.
You may not mirror, modify or otherwise alter any files in this Site for
rebroadcast nor otherwise re-use any materials from this web site (including without limitation copying,
reproducing, distributing, uploading, republishing, posting or transmitting) without the prior written consent of
Carter, except that you may download material displayed on this Site for non-commercial, personal use only,
provided that you also maintain all copyright and other proprietary notices contained in the materials. You may not
post or transmit any messages, or otherwise engage in any activity related to this web site, in any manner that is
unlawful or that violates the rights of Carter or any third party.
Any password you receive from
Carter to access this web site remains the property of Carter. Any password you create for use of this web site can
be accessed by Carter in order to confirm and secure proper usage of this Site. Carter has the right, but not the
obligation, to monitor all communications to and from this web site. Carter reserves the right to revoke passwords
at any time. You are responsible for maintaining the confidentiality of your password and are fully responsible for
all activities that occur under your password. You agree to immediately notify Carter of any unauthorized use of
your password.
6. PRODUCTS AND SERVICES
Carter’s obligations and
responsibilities regarding Carter’s products or services are governed solely by the agreements under which they are
sold or licensed. Carter does not guarantee availability of individual part numbered products listed herein.
Product availability must be confirmed at time of order. Product orders are subject to acceptance or rejection by
Carter.
7. DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF
RIGHTS, EACH OF WHICH IS HEREBY DISCLAIMED. CARTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE
MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
8. LIMITATION OF
LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CARTER, ITS
OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES SHALL HAVE NO LIABILITY
TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THIS SITE, INCLUDING
WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS,
OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL, IN PROCURING, COMPILING OR DELIVERING INFORMATION, ANY
ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN
DELIVERY OF THE INFORMATION, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE
INFORMATION.
9. EXCLUSION OF DAMAGES
IN NO EVENT
SHALL CARTER, OR ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO THE
INFORMATION OR SOFTWARE CONTAINED AT THIS SITE.
10. SITE REGISTRATION INFORMATION
ENCRYPTION/SECURITY
The registration area of this Site offers industry standard security
measures available through the User's browser. Other areas of this Site are available to the general public. If a
User obtains content requiring registration, a sales representative may contact the User to assist as requested or
inferred by any request of information from Carter.
11. PRIVACY
The
information Carter collects from you at the Site is subject to the following terms. This Privacy Policy may be
updated from time to time, and you are responsible for checking this Policy to determine if changes have occurred.
Your continued use of the web site following the posting of changes to the Policy will mean that you accept the
changes. This Site is not designed to be used by persons under 18 years of age. Carter does not collect information
from you other than (1) information you choose to provide, and (2) information collected and stored when you visit
this Site.
Carter and/or its Site service provider collects and stores not only the information you
provide and information about your preferences but also data collected automatically when you access this web site,
including but not limited to the following: the name of the domain you use to access the Internet; the date and
time of your visit; the pages you visited; and the address of the web site you came from when you accessed the
Site. Carter also collects personal data that you provide, including without limitation your name, company,
address, country, telephone number, and email address. Carter may use the information to periodically send you
future messages relevant to your business interests, updates about our products and services, information about
promotional offers, for computer system administration, for statistical purposes, and to help us make this Site
more useful. From time to time Carter may transmit data to third parties under contract with Carter to provide
services including but not limited to maintaining and managing customer data, conducting promotions or surveys, or
communicating effectively with customers. These third parties may be located in the UK, United States or other
countries. Except as otherwise provided herein, Carter will not share your personally identifiable information with
third parties other than Carter’s shareholders, directors, officers, employees, agents, subsidiaries, affiliates,
and selected third party partners, or as compelled by court order or requested by a law enforcement agency.
Carter will not retain your data longer than is necessary to fulfill the purpose it is being processed for. To
determine the appropriate retention period, Carter considers the amount, nature and sensitivity of the personal
data, the purposes for which Carter processes it and whether Carter can achieve those purposes through other means.
Carter also considers the period for which Carter might need to retain personal data in order to meet
any customer service or legal obligations, inquiries, and to protect our legal rights. When Carter no longer need
your personal data, Carter will securely delete or destroy it. Carter will also consider if and how Carter can
minimize over time the personal data that Carter uses, and if Carter can anonymize your personal data so that it
can no longer be associated with you.
You should be aware that when you use our website Carter may
collect non-personal information by using third party 'cookies'. Third party cookies are selected partner cookies
which track where a user’s visit originated from and other behavioral data to present appropriate offers and help
prevent fraud and detect spammers. The majority of internet browsers will provide an option to disallow cookies.
You can find how to do this in the help menu for your browser. Cookies can also be deleted by using your internet
browser, but you must disallow cookies otherwise they will be reapplied the next time you visit our site.
Carter reserves the right to monitor traffic and usage related to this Site. Carter may also use programs to
identify unauthorized attempts to upload or change information or otherwise cause damage. Carter may deny or
restrict access to all or any portion of its Site in Carter’s sole discretion.
This Site may provide
links to third party web sites. When you leave this Site, you become subject to the privacy policy of the third
party web site. You are responsible for reviewing the privacy policies of any third party sites you link to.
RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
For individuals who are
European Union residents, you may have rights under the GDPR, including the right to do the following:
– Withdraw your consent at any time. You have the right to withdraw consent where you have previously given it to
the processing of your personal data.
– Object to, or restrict, the processing of your personal data. You
have the right to object to, or restrict, the processing of your personal data subject to certain exceptions under
the GDPR.
– Access your personal data. You have the right to learn if personal data is being processed by
us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the personal data undergoing
processing.
– Verify and seek rectification. You have the right to verify the accuracy of your personal data
and ask for it to be updated or corrected.
– Have your personal data deleted or otherwise removed. You have
the right, under certain circumstances, to obtain the erasure of your personal data from Carter.
– Receive
your data and have it transferred to another controller. You have the right to receive your personal data in a
structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to
another controller without any hindrance. This provision is applicable provided that the personal data is processed
by automated means and that the processing is based on your consent, on a contract which you are part of or on
pre-contractual obligations thereof.
– Lodge a complaint. You have the right to bring a claim before a data
protection authority.
You can contact us directly regarding with any concerns regarding your personal
data at the contact information at the bottom of this page. In addition, you have the right to complain to a data
protection authority about our collection and use of your personal information. Complaints should be made to your
local supervisory authority.
12. CONTACTING THIS SITE
If you have any
questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can
contact:
Carter Fuel Systems, LLC 101 E Industrial Blvd. Logansport, IN 46947