Last Updated: May 25, 2023
Caterpillar respects the rights of all copyright holders and in this regard, Caterpillar has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Caterpillar's Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
Caterpillar's Copyright Agent for notice of claims of copyright infringement on or regarding the Sites can be reached as follows:
Attn: Copyright Agent
100 N.E. Adams St.
Peoria, IL 61629-9620
For information on Caterpillar’s Accessibility Statement, please visit: https://www.caterpillar.com/en/legal-notices/accessibility-statement.html
Caterpillar has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Caterpillar may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Caterpillar reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable. To the extent that you have concerns, complaints, or inquiries about the content on our Sites or digital offerings, please contact Caterpillar’s Office of Business Practices, BusinessPractices@cat.com.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
By submitting content through any of our social media channels, you hereby agree to the Social Media Terms located at https://www.caterpillar.com/en/legal-notices/social-media-photo-video-terms-conditions.html, which is hereby incorporated by reference.
The Sites, and any documents issued by Caterpillar available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Caterpillar’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Cat Financial’s ability to maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of Cat Financial’s customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions, including ERA Mining Machinery Limited, and divestitures, including the divestiture of the Bucyrus International, Inc. distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Caterpillar Production System; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Cat Financial’s compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned "Management's Discussion and Analysis" and "Risk Factors" in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.
The Content contained within press releases issued by Caterpillar should not be deemed accurate or current except as of the date the release was posted. Caterpillar has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
The information presented on or through any Site, including text, images, and links, is made available "as is" by Caterpillar solely as a convenience to you without warranty of any kind for general information purposes, and does not constitute any type of advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Content. The Content is updated frequently, including based on interaction with users of the Sites, but the Content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material. Caterpillar assumes no responsibility for errors or omissions in the Sites or other documents which are referenced by or linked to the Sites. Any Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and Caterpillar may change the products or services described in any Site at any time. Contact a local Caterpillar dealer for further information before relying on any information contained herein.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). We may provide Communications to you by posting them via the Sites, by emailing them to you at the email address you provide, by sending an SMS or text message to a mobile phone number that you provide, or by any other reasonable means. You should maintain copies of all Communications. You may write to us at Caterpillar Inc., 5205 N. O'Connor Boulevard, Suite 100, Irving, TX 75039, Attn: Deputy General Counsel—Commercial, Legal Services, Law, Security & Public Policy if you have any questions regarding any Communication. You further consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act while using the Sites, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us. If you sign up for one or more Caterpillar text messaging programs, you hereby agree to the SMS Terms and Conditions located at https://www.caterpillar.com/en/legal-notices/sms-terms-and-conditions.html, which is hereby incorporated by reference.
The Sites may contain links to other independent third party websites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Caterpillar's control, and Caterpillar is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
You may be subject to additional terms and conditions that may apply when you obtain or use third party content, third party software or goods and services provided by or through clients, sponsors, partners, reward partners or other third party partners of Caterpillar. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or resources linked from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites, which you should read and understand. Any third party names, logos, product and service names, designs, and slogans in the Sites are the trademarks of their respective owners.
You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Sites and Content are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Chief Legal Officer, Caterpillar Inc., 5205 N. O'Connor Boulevard, Suite 100, Irving, TX 75039. The arbitration will take place in Chicago, Illinois in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations." In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.
We recognize that it is possible for you to obtain access to any Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Illinois and of the United States. If any Content, User Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, such Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.