Power Suite Terms of Use Agreement

Site Usage

Cummins Inc. (“Cummins”) authorizes you to view and download designated electronic information at this Web site ("Site"). This electronic information may consist of software tools, technical information, product literature, and other materials ("Cummins Information").

The Site, the Cummins Information and the other content on the Site may not be downloaded, copied, distributed, transmitted, published, or used to make derivative works without the prior written consent of Cummins, except that Cummins hereby grants you a non-exclusive, non-transferable, limited, and revocable license to access, display and use the Site and the Cummins Information for non-commercial, personal use under and subject to acceptance of the terms and conditions of this Power Suite Terms of Use Agreement. Except for the limited license granted in the preceding sentence, Cummins does not grant any right, title or interest under its intellectual property in the Site, the Cummins Information or other content on the Site, and all rights therein are reserved to Cummins.

You must retain all copyright, trademark, and other proprietary notices present in the original Cummins information and on any copies of the Cummins information. You may not modify the Cummins information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Cummins information for any commercial purpose. For purposes of these Terms, any use of the Cummins information on any other Web site or networked computer environment (including but not limited to posting of Cummins information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Cummins. The Cummins information at this Site is copyrighted and any unauthorized use of any Cummins information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Cummins information obtained from the site.

Information

The Cummins Information, including tools and catalog information, is furnished for the convenience of our customers and are accurate as possible. However, the manufacturer makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products. All other specifications and application information are taken from authoritative information. Every attempt has been made to supply original factory installation information. Many manufacturers offer options on specific models; manufacturers may make production line changes on a model during the production year; owners may modify equipment. Cummins Inc. is not responsible for misapplications.

Privacy Policy

Cummins values your privacy. We will not resell any of your contact information. We will use any project information you give us to suggest products and in aggregate with project information from other users for analysis in identifying trends to help us provide better products and service. We may use cookies to determine how the Site is used. We may contact you from time to time regarding special offers, promotion, new product information and services. Only with your consent will we disclose, process, transmit or re-use your contact and project information within our Cummins group of companies and our distributors to provide better customer support.

By using this Site, you signify your assent to the Cummins Privacy Policy. If you do not agree to this policy, please do not use our website. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of the Cummins website following the posting of changes to these terms will mean you accept those changes.

User Submissions

The Privacy Policy above outlines how Cummins treats the contact and project information you provide through the web site. Except as set forth in the Privacy Policy or as you choose to share contact and project information with other users through functionality provided by the Site, Cummins will not disclose your contact and project information to other users. Otherwise, any comment, material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Cummins using links provided in this site) will be treated as non-confidential and non-proprietary, and may be used by Cummins or its affiliates for any purpose, including developing, manufacturing, marketing, and selling products and services.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Cummins for any and all damages resulting from the user's actions or postings that violate any of these policies. Cummins reserves the rights to remove postings and/or prohibit further postings by any user for violation of these standards.

Order Forms, Registration Forms, and E-mail

The Site uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Cummins explicitly states that these forms do not constitute any agreement between Cummins and the person submitting the form. Cummins expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Cummins directly via telephone. E-mail that is sent to Cummins is transmitted via the Internet. Cummins is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.

Links to Other Web Sites

Links to third party Web sites not maintained by Cummins on this Site are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. Cummins has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Cummins does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

The tools, materials and information provided on the Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Cummins further does not warrant the accuracy and completeness of the tools, materials or information on the Site. Cummins may make changes to the tools or materials on this Site, or to the products and prices described in them, at any time without notice. The tools, materials or information on this Site may be out of date, and Cummins makes no commitment to update the tools or materials on the Site. Information published on the site may refer to products, programs or services that are not available in your country or local area. Consult Cummins directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT SHALL CUMMINS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE TOOLS, MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE TOOLS, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TOOLS, DATA AND INFORMATION PRESENTED ON THIS WEB SITE ARE BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEB SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH TOOLS, DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. CUMMINS DISCLAIMS ANY LIABILITY FOR USE OF CUMMINS PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.

Applicable Laws

This Site is administered by Cummins based in Columbus, Indiana. Cummins makes no representation that tools or materials on the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials on the Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of laws.

General

Cummins reserves the right to modify these Terms at any time. The terms on this page are binding upon you, therefore, you should review them often and keep a printed copy for your records. Terms listed in this document may be superseded by specific terms elsewhere on the site.

Cookies Website Notice and Disclosure Statement

Site Usage

This Website Notice and Disclosure Statement applies to websites that are owned or operated by Cummins Inc. as well as its subsidiaries, joint ventures, affiliates, and any authorized distributors. It is intended to inform you about Cummins’ use of cookies, analytics and other web technologies on its websites, as well as your options for rejecting the use of those items.

What are cookies?

Cookies are small pieces of data sent from a website and stored on a user's web browser. When the user browses the same website in the future, the cookie notifies the website of the user's previous activity. Cookies do not harm your computer in any way, and some are automatically deleted after a certain period of time, such as six months.

Does Cummins use cookies on its websites?

Yes. Like virtually all websites, we use certain types of cookies on our sites. This allows us to collect non-personal information through a variety of technologies. This helps us identify visitors who return to our site and tells us such things as how many users visited our site, the pages that were accessed, and whether there were any technical problems in loading pages or navigating through our site. By collecting this information, we learn what parts of our sites are the most interesting or valuable to our users, and can monitor overall interest in our websites. It also lets us spot technical problems with our site so we can correct them right away. This, in turn, helps us upgrade our websites and improve our offerings for our visitors.

Am I required to accept cookies to use the Cummins websites?

No. You can disable the use of cookies by websites including ours by turning off the cookie function on your browser. However, some portions of our site as well as most other sites, will not work properly if you choose to do so. For example, if you choose to purchase something through our site or put in a password to access a restricted area, you will not be able to do so unless the site can authenticate you through cookies.

What information do you receive about me through cookies?

There are four general categories of cookies that are used on websites:

  • Strictly necessary (or essential) cookies. These cookies are essential in order to enable you to move around a website and use its features, such as services you have asked for. Without these cookies, those services would not be available to you. This includes, for example, browsing as a registered user, accessing secure areas of the site, or making a purchase through the site. Like all public websites, our site uses strictly necessary cookies.

  • Performance cookies. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.  These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the website works. Like virtually all websites, we use performance cookies on our sites.

  • Functionality cookies. These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. This allows you to have a better experience while using the site. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. Like virtually all websites, we use functionality cookies on our sites.

  • Targeting or advertising cookies. These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization. Cummins does not use advertising cookies on its websites and does not allow third parties to use those types of cookies on its sites.


What happens if I choose not to disable cookies on my computer?

Unless you disable such technologies, by using our website and online services, you agree that we can place these types of cookies and related technologies on your device.

What are web beacons?

Some types of cookies collect aggregate information which helps us to improve our websites by providing information, for example, on loading errors and the most visited webpages. Certain pages on our site may contain web beacons (also known as Internet tags, pixel tags and clear GIFs). We uses web beacons to help display content to visitors and to generate statistics regarding web traffic and trends. Web beacons cannot identify you as an individual.

What are advertising cookies?

Advertising cookies are cookies that target an individual to purchase certain items based upon their web browsing practices. For example, if you browse golf clubs on the web, and if the websites that you use (or the search engine) has installed advertising cookies, you may see pop-up ads for other sites that sell golf products or have content relating to golf. Cummins does not use advertising cookies on its websites and does not allow third parties to use those types of cookies on its sites.

How do I opt-out (withdraw consent) to your use of cookies or similar web technologies?

You may opt out of our use of cookies as follows: You can set your web browser to prevent the use of cookies. If so, you can still browse our site but may not be able to use many of its features or make purchases.

Does Cummins permit third parties to install cookies or similar web technologies on its websites?

As a general rule, we do not permit any third parties (such as advertisers) to install cookies on our websites or engage in behavioral advertising. However, on some of our websites, such as our social networking pages, it is possible that individuals have uploaded third party content, such as videos from YouTube or elsewhere, or embedded content and sharing tools from other third party sites. Since we do not control the dissemination of cookies by any sites that are not owned or operated by Cummins, you should check the relevant third party website(s) for more information about these cookies, and whether and how you may opt out of receiving them. Generally speaking, however, you may disable third party cookies by adjusting your browser settings. Instructions may be found at www.aboutcookies.org

[ ] I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND HEREBY ACCEPT THIS POWER SUITE TERMS OF USE AGREEMENT