CNH Industrial Capital Terms and Conditions
This CNH Industrial Capital Website is offered to you, the user ("User"), conditional on acceptance of the terms, conditions, and notices contained herein and without modification and in accordance with applicable laws. CNH Industrial Capital and their affiliated companies ("CNH Industrial Capital") may modify the content or format of this Website or discontinue the operation of this Website in its sole discretion and without advance notice. Your access and use of this site constitutes acceptance by you of all of these terms and conditions.
Website Use.
The User agrees to use this Website only as permitted by the applicable state, territory and Commonwealth laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, interfere with or otherwise destroy CNH Industrial Capital's or another user's computer system, network, software, Website, program, documentation or the data contained therein; 2) use this Website to conduct or attempt to conduct any business or unauthorised activity or solicit the performance of any activity that is prohibited by law. Any action by the User that results in the blocking of access to this Website by other users or CNH Industrial Capital will be deemed an unauthorized use. Any suspected malicious activity will be fully prosecuted under the applicable criminal law.
Monitoring of Use.
By using this system, the User consents to administrative monitoring at all times. The User is hereby advised that system administrators may provide evidence of any apparent criminal activity identified or suspected during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this system now.
Disclaimer.
Every effort has been made by CNH Industrial Capital to offer the most current, correct, and clearly expressed information possible. Nevertheless, it is possible that errors in information may occur. In particular, without limitation to any portion of this Agreement, CNH Industrial Capital disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data, or other information that may be contained on CNH Industrial Capital Web pages. The news, financial information, data and information included on CNH Industrial Capital servers has been compiled by CNH Industrial Capital personnel from a variety of sources and is subject to change without notice to the User. CNH Industrial Capital makes no warranty or representation of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence, or timeliness of the content found on this Website.
Links to Third Parties' Websites.
CNH Industrial Capital Web pages may currently or may in the future include links to Websites that are controlled or operated by third parties. Sites linked to the CNH Industrial Capital Website are not necessarily under CNH Industrial Capital's control, and CNH Industrial Capital assumes no responsibility or liability for any information, communications or materials at such sites, or at any Website linked to a linked site. CNH Industrial Capital does not intend nor make any representation that any third-party links be considered as referrals to or endorsements of the linked entities or any products and/or services marketed by them and such links are provided for convenience only. CNH Industrial Capital categorically does not endorse or control any third-party Website. Each third-party Website has its own policies about what information is appropriate for public access. The user assumes sole responsibility for use of any third-party linked Websites.
Intellectual Property.
The User acknowledges that this CNH Industrial Capital Website contains intellectual property that is protected by state and/or Commonwealth and/or Global trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies of, or create derivative works from any contents of this Website, or engage in any other action that may violate the intellectual property rights of CNH Industrial Capital.
Assumption of Risk.
By using CNH Industrial Capital Web pages for any purpose, the User assumes all risk associated with the use of this site and its individual pages, as is inherent in internet activities. This risk includes, but is not limited to, any risk to the User's computer, software or data caused by any virus, software, or other file that might be transmitted or activated via a CNH Industrial Capital Web page or the User's access to it. CNH Industrial Capital shall in no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, lost profits or lost revenues, arising out of or in any way connected with the use or misuse of this Website, or from any information, lack of information, documents, software, services, or other material obtained from or through any CNH Industrial Capital Web pages. The User assumes any and all risk arising out of the use of this Website, whether based in contract, tort, strict liability, or otherwise, even in the event that CNH Industrial Capital and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. CNH Industrial Capital shall not be liable for any loss or injury caused in whole or in part by its actions, or omissions, or contingencies beyond its control, including, without limitation, the procuring, compiling, displaying, or delivering of information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken, or not taken in reliance upon the information or lack of information furnished.
Forbidden Uses.
UNDER NO CIRCUMSTANCES SHALL THE USER ACCESS OR ATTEMPT TO ACCESS CNH INDUSTRIAL CAPITAL'S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. CNH Industrial Capital reserves the right to terminate at its own discretion the User's use of this Website or forbid the User from accessing this Website in the future in the event of any abuse of the Website or any unauthorized or forbidden use by the User. CNH Industrial Capital reserves its rights to seek compensation for any breach of this clause.
Use of Interactive Media.
To the extent that the CNH Industrial Capital Website contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving CNH Industrial Capital and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the User violate any law by using such forums for improper purposes including, but not limited to, defaming or harassing others, violating intellectual property rights of CNH Industrial Capital or a third party, posting or sending obscene or offensive material, or introducing viruses, corrupted files or other programs that could damage or alter this Website or the computers of CNH Industrial Capital or of a third party. CNH Industrial Capital reserves the right to remove any contents of this Website for any reason whatsoever. The User acknowledges that any material posted by parties other than CNH Industrial Capital or its affiliates is not endorsed by CNH Industrial Capital or its affiliates, and such communications shall not be considered reviewed or approved by CNH Industrial Capital. CNH Industrial Capital will assist in any investigation resulting from any breach of this clause.
Indemnification.
The User agrees to indemnify CNH Industrial Capital, its directors, officers, agents and employees, against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this Website in any way, including, without limitations, any claims alleging facts that, if true, would constitute a breach by the User of these terms and conditions.
No Contractual Relationship.
The User acknowledges that by using this Website, no relationship of any kind, including but not limited to partnerships, joint ventures, employment or a contractual or agency relationship, exists between the User and CNH Industrial Capital or any of its or its affiliates’ directors, officers, agents or employees.
Jurisdiction.
These Terms and Conditions are and shall be governed by the laws of the New South Wales, Australia. The User consents to the exclusive jurisdiction and venue of courts located in New South Wales in all disputes arising out of or relating to the use of this Website. Use of this Website is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to these Terms and Conditions brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.
Applicable Laws.
CNH Industrial Capital's performance under these Terms and Conditions is subject to existing laws and legal process and nothing contained herein is in derogation of CNH Industrial Capital's right to comply with law enforcement requests or requirements relating to any party's use of this Website or information provided to or collected by CNH Industrial Capital regarding such use.
Survival.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.
Entire Agreement.
These Terms and Conditions constitutes the entire agreement between the User and CNH Industrial Capital regarding this Website. These Terms and Conditions supersede all prior or contemporaneous communications made in any medium of expression between the User and CNH Industrial Capital regarding this Website and the subject matter of these Terms and Conditions.