BACCUS GLOBAL LLC makes this Web site (the “Site”), including all information, documents, communications, files, text, and graphics available through this Site (collectively the “Materials”) and all services operated by BACCUS GLOBAL LLC through this site (collectively the “Services”), available for use subject to the terms and conditions set forth in herein and any changes to this document that BACCUS GLOBAL LLC may publish from time to time (collectively the “Terms of Use”). By accessing or using this Site in any way, including without limitation, use of any of the Services, downloading any of the Materials, or merely browsing the Site, you agree to be bound by the Terms of Use.
INTELLECTUAL PROPERTY
The Materials and Services on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, BACCUS GLOBAL LLC its affiliates and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services, except as expressly authorized.
TRADEMARKS
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of the manufacturer or STANLEY BLACK & DECKER or Caterpillar Inc.. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, “Caterpillar Yellow,” the “Power Edge” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. Baccus Global LLC is a licensee of Caterpillar Inc. You are not permitted to use the Marks without the prior written consent of INNOVATION STATION LLC or such third party that may own the Marks.
COPYRIGHT NOTICE
You are not permitted to use the Marks without the prior written consent of BACCUS GLOBAL LLC or such third party that may own the Marks.
COPYRIGHT NOTICE
All materials contained on the BACCUS GLOBAL LLC web site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written consent of BACCUS GLOBAL LLC.
USE OF BACCUS GLOBAL LLC MATERIAL
Except as stated to the contrary elsewhere on this Site, permission to download, use, and print Materials (such as white papers, press releases, datasheets and FAQs) is granted subject to the following conditions: (i) the Materials may be used solely for non commercial or internal business purposes; (ii) the Materials may not be modified or altered in any way; (iii) you may not create derivative works from the Materials available through the Site; (iv) the Materials may not be distributed or sold, rented, leased, transferred, or licensed to others; (v) you may not remove any copyright or other proprietary notices contained in the Materials; (vi) BACCUS GLOBAL LLC reserves the right to revoke this authorization to view, download, and print the Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from the BACCUS GLOBAL LLC Elements of BACCUS GLOBAL LLC. Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BACCUS GLOBAL LLC web site may be copied or retransmitted unless expressly permitted by BACCUS GLOBAL LLC.
When using Services on this Site, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services in addition to these Terms of Use. Services offered through this site may include e mail services, bulletin board services, chat areas, forums, and/or other message or communication facilities designed to enable you to communicate with others.
You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Services, you will not (i) use the Services in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (iv) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; (v) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, (vi) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (vii) advertise or offer to sell or buy any goods or services for any business purpose;(viii) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (ix) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (x) restrict or inhibit any other user from using and enjoying the Services; (xi) violate any code of conduct or other guidelines which may be applicable for any particular Service; (xii) harvest or otherwise collect information, including e mail addresses; (xiii) violate any applicable laws or regulations; (xiv) create a false identity for the purpose of misleading others; and (xv) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
USER CONDUCT WHILE USING BACCUS GLOBAL LLC WEB SITE
In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use another’s account, password, service, or system without authorization from BACCUS GLOBAL LLC; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
BACCUS GLOBAL LLC USER CONTENT
BACCUS GLOBAL LLC reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate access to all or part of this Site.
BACCUS GLOBAL LLC may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
BACCUS GLOBAL LLC does not control or endorse User Content, messages or information found in any Services. Therefore, to the maximum extent permitted by law, BACCUS GLOBAL LLC will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. BACCUS GLOBAL LLC disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
ACCOUNT NUMBERS AND PASSWORDS
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
ABOUT OUR PRICES
The prices advertised on this Site are for Internet orders. Prices on some items may differ from those charged at retail channels. Prices and the availability of items are subject to change without notice. Any “list prices” used on this Site are the manufacturers’ suggested retail prices and may not be indicative of the actual selling prices in your area.
Any reference to “savings” used on this Site indicates the average savings off the “list price”. Your actual savings will vary depending upon the goods purchased and the date of the transaction.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to BACCUS GLOBAL LLC (“Transmissions”) shall be and remain BACCUS GLOBAL LLC property.
All Transmissions will be treated as non-confidential and non-proprietary and BACCUS GLOBAL LLC shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, BACCUS GLOBAL LLC shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that BACCUS GLOBAL LLC may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
WARRANTIES AND DISCLAIMERS
THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BACCUS GLOBAL LLC MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, OR MATERIALS ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) BACCUS GLOBAL LLC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) BACCUS GLOBAL LLC MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) BACCUS GLOBAL LLC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BACCUS GLOBAL LLC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM BACCUS GLOBAL LLC SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BACCUS GLOBAL LLC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
PRODUCT SAFETY, TECHNICAL INFORMATION
BACCUS GLOBAL LLC uses commercially reasonable efforts to provide accurate up to date information, but the laws and regulations applicable to the industry do change. Therefore information contained on the Site may not be current, accurate or complete. Because many factors go into the decision-making purchasing a given product and everyone’s particular circumstances and needs may differ, the web site content is provided for general informational purposes only. BACCUS GLOBAL LLC cannot ensure or guarantee and does not warrant that Your product selection will be accurate, meet Your (or, if applicable, Your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided. BACCUS GLOBAL LLC obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by BACCUS GLOBAL LLC Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
ENTIRE AGREEMENT
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between BACCUS GLOBAL LLC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by BACCUS GLOBAL LLC to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.
