RIMCO (BARBADOS) SRL

TERMS OF USE

  • These terms and conditions (“Terms of Use“) govern your access to and use of https://rimcobarbados.com/ and https://parts.cat.com/rimco/ (the “Site” or “Sites,” including all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code made available by or through the Sites (“Content“)). This is an agreement between you or the entity you represent (“you“) and RIMCO (BARBADOS) SRL , a society with restricted liability organized under the Societies With Restricted Liability Act, Cap. 318B of the laws of Barbados with a place of business located in Searles, Christ Church in Barbados (together with our affiliates and subsidiaries that may make the Sites available to you, “RIMCO,” “we,” “us,” or “our“). RIMCO is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

 

  • BY ACCESSING OR USING ANY OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE, AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. 
  • We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. All such modifications and changes shall apply to your access and use of the Sites and Content from and after such modifications and changes are posted at https://parts.cat.com/rimco. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at https://parts.cat.com/rimco.]

 

USE OF SITE

  • You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and RIMCO policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from Barbados and your country of residence. In addition, you will not:
  • Access, acquire, copy, or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through any Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
  • Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining” or any other illegitimate means.
  • Probe, scan, or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
  • Reverse look-up, trace, or seek to trace any information on any other user of or visitor to any Site, or any other customer of RIMCO, including but not limited to personal identification or information.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or RIMCO’s systems or networks, or any systems or networks connected to any Site or to RIMCO.
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.
  • Distribute viruses or any other technologies that may harm RIMCO or the interests or of property any other person or entity, including any other user of any Site.
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to RIMCO, Caterpillar Inc., or its business associates.
  • Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to RIMCO on or through any Site.
  • Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of RIMCO or others.

 

INTELLECTUAL PROPERTY RIGHTS

  • Except to the extent expressly provided in these Terms of Use under the heading “Grant of License”, you agree and acknowledge:
  • That RIMCO owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights“) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“RIMCO IP“).
  • That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
  • RIMCO owns all rights, title, and interest in and to any replacements, improvements, updates, enhancements, derivative works, and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to RIMCO IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in RIMCO, including without limitation assigning (and you hereby assign) to RIMCO all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
  • No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without RIMCO’s express prior written consent.
  • That all marks that appear throughout the Sites and Content belong to RIMCO, or the respective owners of such marks, and are protected by Barbados, U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of RIMCO or the owner of the mark, as appropriate, is strictly prohibited.
  • RIMCO may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of RIMCO or others.

 

GRANT OF LICENSE

  • RIMCO grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:
  • Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
  • Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
  • Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
  • Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to, or accessed in conjunction with any Site or Content.

 

COPYRIGHT

  • RIMCO respects the rights of all copyright holders and in this regard, RIMCO 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 in accordance with the applicable laws of Barbados, including the Copyright Act, Cap. 300 of the laws of Barbados, please contact RIMCO’s Copyright Agent as follows: Derek Corbin, RIMCO (BARBADOS) SRL, Searles Factory, Christ Church BB17045 Barbados, WI, +1 246 418 3600.

 

SUBMISSIONS

  • Do not use this Site as a means of submitting information you consider to be proprietary. RIMCO does not claim ownership of the materials you provide to RIMCO (including feedback and suggestions) or post, upload, input, or submit to the Site. Nevertheless, by posting, uploading, inputting, providing, or submitting such materials you are granting RIMCO permission to use it including, without limitation, the rights to copy, distribute, transmit, publicly display, or perform, reproduce, edit, translate, and reformat the material and to publish your name in connection with it. No compensation will be paid with respect to the use of your material, as provided herein. By posting, uploading, inputting, providing, or submitting your material you warrant and represent that you own or otherwise control all the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit.

 

PRIVACY

  • Information collected by us is subject to the Privacy Policy available at https://parts.cat.com/rimco (the “Privacy Policy”). By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If there is any conflict between these Terms of Use and the Privacy Policy, relating to any matter involving your access to and use of the Site, these Terms of Use shall prevail.

 

INTERACTIVE FORUMS AND USER MATERIALS

  • The Sites may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:
  • Upload to, distribute, or otherwise publish through any Site any message, data, information, text, or other material (“User Materials“) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
  • Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
  • Without RIMCO’s written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and spam.
  • RIMCO takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, if any, RIMCO is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

 

  • RIMCO has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. RIMCO 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. RIMCO reserves the right and has absolute discretion, to remove, screen, or edit any User Materials that violate these provisions or are otherwise objectionable. 
  • You shall remain solely liable for any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.

 

NO WARRANTIES

RIMCO, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS, AND LICENSORS (THE ” RIMCO PARTIES“) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIMCO PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

 

LIMITATION OF LIABILITY; REMEDY

  • UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RIMCO PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF RIMCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL RIMCO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO RIMCO WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

 

  • 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. 

 

INDEMNIFICATION

  • You agree to indemnify, defend, and hold harmless each of the RIMCO Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the RIMCO Parties in connection with or arising from any such claim, lawsuit, action, demand, or other proceeding.

 

TERMINATION

  • RIMCO, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of RIMCO if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content and destroy all copies, full or partial, of all Confidential Information. At RIMCO’s request, you will provide RIMCO with a written statement signed by you or your duly authorized representative certifying that the Confidential Information has been so destroyed. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.

 

UPDATING SITES

  • We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by RIMCO, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use. 

 

THIRD-PARTY MATERIALS

  • The Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that RIMCO is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. RIMCO does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at their own risk and subject to such third parties’ terms and conditions. You will need to make your own independent judgment regarding your interaction with these Third-Party Materials and links.

 

IMPORT AND EXPORT COMPLIANCE

  • You may not use or otherwise export or re-export the Sites or Content except as authorized by the laws of Barbados and the laws of the jurisdiction in which the Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re- exported to any person, country or territory to which the Government of Barbados has prohibited exportation or re-exportation. 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 the laws of the jurisdiction in which Site, Content and Service Offerings was obtained and the laws of the United States, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

DISPUTE RESOLUTION

  • In the event of any controversy or claim relating in any way to your use of the Sites or Content, or to any products or services sold or distributed by such Sites, or otherwise arising out of or relating to these Terms of Use, the parties agree to submit that dispute, controversy or claim to the jurisdiction of the courts of Barbados.

 

CHOICE OF LAW; SEVERABILITY

  • These Terms of Use shall be governed by the laws of Barbados (regardless of the laws that might be applicable under its principles of conflict of laws). If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.

 

  • We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Barbados. If any 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, the 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. 

WAIVER

  • The failure of RIMCO to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RIMCO in writing. 

ENTIRE AGREEMENT

  • These Terms of Use constitute the entire agreement between you and us with respect to the Sites, and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgment, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.  

 

INQUIRIES

  • Should you have any questions concerning these Terms of Use, write to digitalsupport@rimcocat.com, or RIMCO (BARBADOS) SRL, Searles Factory, Christ Church BB17045 Barbados, WI, +1 246 418 3600.