Terms & Conditions of Sale
Terms and Conditions of Sale - Industrial Aftermarket.pdf
Terms of Use
This website (the “Site”) is owned and operated by Federal-Mogul Powertrain LLC
and/or one or more of its subsidiaries (“Powertrain”). By using the Site, you
agree to abide by these Terms of Use. If you do not agree, do not use the Site.
MODIFICATION OF THESE TERMS OF USE
Powertrain may amend these Terms of Use and/or our Privacy Policy from time to
time by posting the amended Terms of Use and/or Privacy Policy on the Site. Any
amendments to these Terms of Use and/or the Privacy Policy shall be effective
immediately on posting. Your continued use of the Site following posting of
amended Terms of Use and/or Privacy Policy constitutes your acceptance of the
posted amendment.
PRIVACY
Click here to review our Privacy Policy which also governs your use of the Site.
USE OF MATERIALS
All material on the Site, including, without limitation, all text, user
interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds,
music, artwork, files, documents, images, software code, applications data or
other materials (collectively, the “Materials”), including but not limited to
the compilation of such Materials on the Site, are owned by Powertrain, its
parents, its subsidiaries, its affiliated companies or other parties that have
licensed their material to Powertrain, and are protected by U.S. and
international copyright, trademark, and other intellectual property and unfair
competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no
Materials may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer, server, website or other medium
for publication or distribution or for any commercial enterprise, without
Powertrain’s express prior written consent. You may not use any data mining,
robots, or similar data gathering and extraction tools on the Materials, frame
any portion of the Site or Materials, or circumvent any mechanisms included in
the Materials for preventing the unauthorized reproduction or distribution of
the Materials.
All rights not expressly granted in these Terms of Use by Powertrain are
reserved by Powertrain and/or its licensors.
TRADEMARKS
Powertrain’s names, brands, slogans and logos are trademarks and service marks
owned by Powertrain or its affiliated companies or are used under license by
Powertrain (the “Powertrain Marks”). All other trademarks and service marks on
the Site are the property of their respective owners. You are not authorized to
use any Powertrain Mark without the prior written consent of Powertrain.
USER SUBMISSIONS
By submitting, sending or otherwise making available information or other
material on or through the Site (“Submission”), you grant to Powertrain the
royalty-free, unrestricted, worldwide, perpetual, irrevocable and fully
sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such
Submission (in whole or part) worldwide and/or to incorporate it in other
works, in any form, media, or technology now known or later developed and
warrant that you own or control the rights to the Submission and that you have
all necessary rights to submit, send or otherwise make available the Submission
and grant such right and license to Powertrain. You also grant to Powertrain
the right to use the name that you submit in connection with such Submission,
your social media handle or ID, profile picture, image or likeness. You
acknowledge that any “moral rights” you have in such Submission have been
waived. All Submissions may be used at Powertrain’s sole discretion. Powertrain
reserves the right to remove or to refuse to post any Submission for any
reason. All Submissions will be treated as non-confidential.
MATERIALS AND WARRANTY DISCLAIMER
THIS SITE, THE INFORMATION, MATERIALS AND OPERATION OF THE SITE ARE PROVIDED
“AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE. POWERTRAIN CANNOT
ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF
VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR BE OF SATISFACTORY QUALITY,
ACCURATE, AND TIMELY. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR
REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL
TIMES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE
(EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR
CHOOSING. Materials on the Site may include technical inaccuracies or
typographical errors. Changes may be periodically incorporated into the
Materials. Powertrain does not warrant the accuracy or completeness of the
Materials and content contained in the Site and reserves the right to correct
any errors or omissions to Site content at any time without notice and without
obligation to the users of this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL POWERTRAIN, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION,
CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, EXCEPTIONAL
DAMAGES, PUNITIVE DAMAGES OR NOMINAL DAMAGES) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE MATERIALS CONTAINED IN THIS WEBSITE WHETHER IN CONTRACT,
TORT OR OTHERWISE, EVEN IF POWERTRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
INDEMNITY
You agree to indemnify, defend and hold harmless Powertrain, its parents,
subsidiaries, affiliates, successors, assigns, and their respective officers,
directors, employees and agents for, from, and against any claims, demands,
obligations, liabilities, losses, costs, damages, fines, and expenses,
including attorneys’ and consultants’ fees and expenses, made against
Powertrain by any third party due to, or arising out of, or in connection with
your use of the Site, including without limitation, any Submissions.
THIRD PARTY SITES
Any links to websites of third parties are provided solely as a convenience to
the users of the Site and the inclusion of any link does not imply endorsement
by Powertrain of the linked website or any association with its operators.
Powertrain makes no warranty or representation as to the content of any such
third party websites and shall have no liability in connection with the use of
such websites. If you decide to visit any linked website, you do so at your own
risk.
INTERNATIONAL USERS & APPLICABLE LAW
This Site is created and controlled by Powertrain in the State of Michigan,
USA. You may not use the site or export the materials in violation of U.S.
export laws and regulations. If you access this Site from a location outside of
the United States, you are responsible for compliance with all local laws.
The use of this Site and the construction of these Terms of Use shall be
governed by the laws of the State of Michigan, USA, without giving effect to
any principles of conflicts of law. If any provision of these Terms of Use
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable and shall not affect the validity and enforceability
of any remaining provisions. By using this Site, a user consents and agrees to
submit to the personal and exclusive jurisdiction of the State of Michigan,
USA, and that all disputes and matters whatsoever which arise in connection
with the use of this Site shall be litigated, if at all, in and before a court
located in the State of Michigan, USA, to the exclusion of the courts of any
other state or country.
ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy constitute the entire agreement
between you and Powertrain with respect to your use of the Site, and supersede
all prior agreements between the parties, whether written or oral, relating to
your use of the Site.
COPYRIGHT INFRINGEMENT
Owners of copyrighted works who believe that their rights under copyright law
have been infringed may take advantage of certain provisions of the Online
Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. § 512 (commonly referred to as the DMCA). If you
believe that any Submissions violate your copyright, please provide
Powertrain’s designated agent (as set forth below) with the following
information:
-
An electronic or physical signature of the owner of the copyright or the
person authorized to act on behalf of the owner of the copyright interest;
-
A description of the copyrighted work or other intellectual property that is
claimed to have been infringed, including the URL (Internet address) or other
specific location within the Site where the infringing material is located.
Include enough information to allow Powertrain to locate the material;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright or intellectual property owner, its agent, or
the law; and
-
A statement by you, made under penalty of perjury, that the information in
your notice is accurate, and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner’s behalf.
Designated Agent:
Legal Department
Federal-Mogul Powertrain LLC
27300 West 11 Mile Road, Tower 300
Southfield, Michigan 48034
CONTACT US
If you believe that material you posted on the Site was removed or access to it
was disabled by mistake or misidentification, you may file a
counter-notification with us by submitting written notification to our
designated agent identified above.
