Terms of Use

Thank you for visiting our Web site. This Web site (the "Site") is owned and operated by Wabtec Corporation ("WABTEC" or "we", "us", or "our"). Your use of this Site is governed at all times by the following Terms of Use as it may be amended from time to time (the "Policy").

The intent of this Policy is to: (1) inform you of the legal limitations we place on the site; and (2) gain your understanding and agreement that you will comply with our Terms of Use concerning this Site. In essence and in fact, you are contracting with us to gain access to our Site through your agreement to honor the "Netiquette" rules and legal Terms and Conditions set forth below. You signify your agreement to these Terms and Conditions through your continued access and use of this Site. If you do not agree with the Terms and Conditions, you should discontinue use of the Site.

1. Permission to Use the Site; Restrictions.

We hereby grant you permission to use the Site and the Content therein only in accordance with this Policy. "Content" means any data accessible on the Site, including without limitation text, images, video, graphics, audio files, software, and any combination or derivative work thereof. We do not, and cannot, warranty or represent that the information on this site is the most current information on the subject or topic. We reserve the right to suspend or revoke your use permission in our sole discretion without notice. You may download and print Content, including this Policy, to your personal computing device solely for your own personal non-commercial use. You may not otherwise use, reproduce, alter, prepare derivative works or modify the Site or Site Content in any way, nor may you transmit, distribute, or display Content to third parties without the express written permission of the Wabtec Legal Department or their designee.

2. Disclaimer -- No Warranties; As Is.

THIS SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES PROVIDED IN THE SITE, ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS", AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SITE. WE HEREBY DISCLAIM AND YOU AGREE TO WAIVE ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR ANY CONTENT OR SERVICES PROVIDED ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCE, INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR OTHERS, OR AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. WE DO NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO: THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE. Use of this Site is at users sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Wabtec makes no representations regarding the accuracy or completeness of the information contained on the Site. Information may be changed, updated or deleted without notice. Wabtec may also make changes in products and/or the programs described in this information at any time without notice. Products and programs are subject to availability, credit approval and Wabtec 's standard sales terms and conditions. Wabtec may publish information on the Site containing products, programs and/or services not available in all geographical locations. Contact a Wabtec Sales Representative regarding the products, programs and services that may be available to you.

IN NO EVENT WILL WABTEC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR SYSTEM OR OTHERWISE.

3. Intellectual Property Notices:

Wabtec Corporation, Wabtec, and the Wabtec logo are registered trademarks and/or service marks of Wabtec Corporation. This list is not exhaustive and Wabtec from time to time may add products to this site that contain registered trademarks.

User agrees that the trademarks, service marks trade names, designs and all material contained on Wabtec's Site, including all portions of the web site, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Wabtec or its licensors. User agrees that such material, and all derivative works therefrom, is protected under copyright and other Intellectual Property Law, all rights reserved, and may not be copied, reproduced, transmitted, displayed, published or distributed for commercial use or distribution, or modified or re-posted to other sites without express prior written consent of the Wabtec Legal Department or their designee.

4. Links to Third-Party Web Sites.

As a convenience to you, the Site may provide links to other Internet Web sites that are not under our control ("Third-Party Web sites"). The products and/or information on such Third-Party Web sites are promoted and sold by any such third party and not by WABTEC. If you click on a link for more information about a product or service offered by one of these Third-Party Web sites, a new browser window will open, and you will be transported to one of these Third-party Web sites and away from this Site. Your visit to these Third-Party Web sites, and any transactions or information gathering you engage in at such web sites, are subject to the terms and conditions of such Third-Party Web sites, not the terms and conditions of this Site. Any links on this Site to Third-Party Web sites do not imply a business or other relationship, or an endorsement of such sites by us, unless specifically stated herein, and no such Third-Party or Web site is authorized to make any representation or warranty on our behalf. You agree that in no event shall WABTEC be held liable in any manner for providing a link or reference to another Site.

5. No Incidental, Consequential, or Other Special Damages.

TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, AND THE LIKE, ARISING OUT OF OR RELATING TO THIS POLICY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS POLICY , AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE.

6. Prohibited Uses.

User agrees not to engage in unacceptable use of the Site or any information therein which includes, without limitation, use of same 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 this Policy or deemed by WABTEC to be in conflict with the spirit or intent of this Policy .

7. Your Representations & Warranties.

User represents and warrants to WABTEC that (a) User is over 18 years of age and has the power and authority to enter into and perform User's obligations under this Policy; (b) All registration and other information provided by User is truthful, accurate and complete, including User's legal name, home address, e-mail address and telephone number; (c) User shall comply with all terms and conditions of this Policy, including, without limitation, the provisions of Section 6, Prohibited Uses and Section 8, Indemnification.

8. Indemnification.

User agrees to indemnify, hold harmless and defend WABTEC, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person arising out of or relating to: (a) User's use of the

Web Site and/or services or information provided therein, including any data or work transmitted or received by User; and (c) any unacceptable use of the Web Site, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited by this Policy or applicable law.

9. Pennsylvania Law Governs; Exclusive Allegheny County Jurisdiction

This Policy and any dispute arising hereunder will be governed and construed in accordance with the laws of the State of Pennsylvania, U.S.A., without giving effect to the principles of its conflict of law provisions. The parties to this Policy agree and consent to the jurisdiction of and venue in the state or federal courts in Allegheny County, Pennsylvania, U.S.A. in all disputes arising out of or relating to this Policy or to access and use of this Site. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Privacy.

Our Privacy Policy is a part of this Policy and its terms are incorporated by this reference. Please read it now (by clicking on the "Privacy Policy" link). The policy explains how certain information about you is collected and may be used. If you do not agree with the Privacy Policy, you should not enter into this Policy, or use the Site.

11. 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 us 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 elsewhere in this Policy, submissions shall not be subject to any obligation on our part, including, without limitation, any obligation of confidentiality, and we shall not be liable for any use or disclosure (including publication in any medium) of any Submissions.

12. Changes to Terms and Conditions.

The terms of this Policy may change from time to time. When you visit the Site, you are bound by the version of this Policy that is in effect at the time of your visit. You agree to check for such amendments. If you cannot agree with such revised terms, signify this by discontinuing use of the Site.

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