Terms Of Use
The information expressed, and trademarks displayed, at this site are proprietary to Wabtec Corporation (“Wabtec”). Precision Turbo, Napier, Melett, and others are subsidiaries of Wabtec Corporation. Access to this site and the contents thereof is a limited grant of rights that can be revoked or changed at any time. This information is provided for informational purposes only and no other use is permitted without prior written consent. By accessing this site and/or using Wabtec products or services to agree to be bound by these terms, otherwise please exit.
Limited License
Subject to the terms and conditions set forth in this Agreement, Wabtec grants you a non-exclusive, non-transferable, limited, personal right to access and display this site and the materials thereon, and to use it for informational purposes for purchase and use of Wabtec products and services (the “Purpose”). You agree not to interrupt or attempt to interrupt the operation of the site in any way and agree to indemnify Wabtec for all costs and damages associated with any interruption or attempted interruption.
Wabtec authorizes you to view and download the information ("Materials") at this Web site ("Site") only for the purpose. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.
Nothing contained herein will be construed as conferring by implication, estoppel or otherwise any patent, industrial design, trademark or other intellectual property right of Wabtec or any third party. Wabtec makes no representations or warranties that any use of the information contained on this site will not infringe any patent, industrial design, trademark or other intellectual property right of any third party(ies). All manufacturers’ names, numbers, symbols and descriptions are for reference purposes only. It is not implied that any part listed is the product of the manufacturer. All product names, logos, and brands are property of their respective owners.
Prohibited Uses. You shall not engage in unacceptable use of the Site or its Content, which includes, without limitation, use of the Site or its Content to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other materials that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person or Wabtec as to the identity or origin of any communication; (e) interfere, disrupt or attempt to gain unauthorized access to or any other computer network; (f) disseminate, store or transmit viruses, Trojan horses, or any other malicious code or program; or (g) engage in any other activity specifically prohibited by these Terms of Use or deemed by Wabtec to be in conflict with the spirit or intent of these Terms of Use.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WABTEC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WABTEC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WABTEC MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sales
As a convenience to you, Wabtec may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Except for third party payment processor sites, Wabtec makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Wabtec or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Wabtec or any of its affiliates or subsidiaries.
Information Provided By You
Any information you transmit to this site (excluding personal information which is addressed in the Privacy Policy), including questions comments or suggestions will be considered non-confidential and non-proprietary. Wabtec does not want you to, and you should not, send any confidential or proprietary information to Wabtec via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Wabtec will not be considered confidential or proprietary. By providing any such information or materials to Wabtec, you grant to Wabtec an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Wabtec is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Wabtec. You further recognize that Wabtec does not want you to, and you warrant that you shall not, provide any information or materials to Wabtec that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Important Notice - Emissions and other Requirements
Federal, state or provincial laws, rules and regulations in the U.S., Canada or elsewhere may prohibit the removal or modification of components that were installed on motor vehicles or engines by the original equipment manufacturer in order to meet emissions requirements or to comply with safety regulations applicable to engines or vehicles manufactured for use on public roads. Removal of such components and installation of Wabtec products may be illegal and considered to be emissions-related tampering under applicable laws, rules and regulations. Motor vehicles or engines equipped with Wabtec products may not be used on public roads, as installation of such Products could cause the vehicles or engines to be non-compliant with applicable emissions and/or safety standards.
Important Notice - Effect On Other Warranties
Installation of Wabtec products (or similar products from other manufacturers) on a motor vehicle or engine may void, reduce or otherwise adversely affect any warranties given by the manufacturer or seller of the vehicle, engine or other component parts. Wabtec shall not be liable for any such adverse effect on such other manufacturers' or sellers' warranties.
Important Notice Limitations Of Damages - (Site and Product)
In no event shall Wabtec be liable to any person or entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if expressly advised of the possibility of such damages.
In no event shall Wabtec be liable for any direct, indirect, punitive, incidental, special, consequential damages to property or life, whatsoever arising out of or connected with the misuse of our products or services. The boundary conditions for the use of high-performance products must be respected at all times and any use beyond those conditions or in non-traditional or novel applications is strongly discouraged and unauthorized to the extent possible. If there are any questions about the capacity or capability of a product or component, or a boundary condition, determine an answer prior to use to ensure compliance with this clause.
Changes
Wabtec reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time without notice or liability. Changes in this Agreement will be effective when posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Wabtec may terminate, change, suspend or discontinue any aspect of the Wabtec Site, including the availability of any features of the Site, at any time without notice or liability. Wabtec may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Wabtec may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by Wabtec from its offices within the United States of America. Wabtec makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. 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 and other applicable laws. These Terms and Conditions of use shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws provisions.
These Terms of Use, the Privacy Policy, the Limited Warranty, and Shipping/Returns/Cancellation Policy and any and all other notices and policies contained on the site constitute the entire Agreement between Wabtec and you with respect to your use of the Site and any purchase of Products using the site. This Agreement supersedes anything in the site inconsistent with this Agreement. No waiver of any of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises within Porter County, Indiana. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
No Payment for Submission of Comments, Ideas, and Other Information.
From time to time, the Site may afford you the opportunity to interact with Wabtec. You grant Wabtec a royalty-free, irrevocable, unrestricted, nonexclusive worldwide license for all possible rights and all possible media now known or later developed, to use, modify, copy, sublicense, or display any submissions that you provide to us including, but not limited to, feedback or ideas regarding the Site, Content, comments, suggestions, ideas, concepts, or other information, including personal contact information (collectively, “Submission”) for any purpose, commercial or otherwise, without compensation to you. Except as expressly provided in the Privacy Policy, Wabtec has no obligations regarding any Submission, including any obligation of confidentiality or remuneration, and Wabtec shall not be liable for any use or disclosure (including publication in any medium) of any Submission.
Changes to Terms and Conditions
These Terms of Use may change from time to time. When you visit the Site, you are bound by the version of these Terms of Use that is then in effect and you should, therefore, periodically visit this page to determine the then-current Terms of Use to which you are bound.