JOHN BEAN EQUIPMENT
GrOUP
A DIVISION OF SNAP-ON EQUIPMENT ITALY, srl
WEBSITE
TERMS AND CONDITIONS OF USE
PLEASE
READ CAREFULLY
John Bean Equipment Group, a Division of Snap-on Equipment Italy, srl (“JBEG”) owns and operates this Internet site at http://www.jbeg.net (“Site”), located on servers in the United States. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, do not access, browse or use this Site.
The materials published in this Site, and any other World Wide Web site owned, operated, licensed, or controlled by JBEG or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of JBEG or any of its relevant related, affiliated or subsidiary company or companies, as the case may be, EXCEPT: you may download one copy of the Materials on one computer for use on that computer only, provided you do not delete or change any copyright, trademark or other proprietary notices, and provided you do not further copy or post the Materials on any network computer or distribute the Materials in any media. You may only use the Materials posted on this Site for lawful purposes.
JBEG reserves the right to deny or revoke access to this Site, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Site will terminate upon the termination of these Terms and Conditions for any reason.
THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. JBEG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JBEG PROVIDES THIS SITE ON THE BASIS THAT JBEG EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THESE TERMS AND CONDITIONS MIGHT HAVE EFFECT IN RELATION TO THE SITE.
JBEG is an equal opportunity employer committed to a diverse workforce.
JBEG, ANY OTHER PARTY (WHETHER OR NOT INVOLVED
IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF JBEG EXCLUDE ALL LIABILITY AND
RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU
OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT INDIRECT, PUNITIVE
OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA,
CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY
TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE
SITE, ANY WEBSITES LINKED TO THe SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING
BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER
EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE
OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THe SITE OR
ANY WEBSITE LINKED TO THE SITE.
NOTHING IN THese terms and conditions SHALL EXCLUDE OR LIMIT JBEG’S LIABILITY FOR (I) FRAUD; (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
Any offer made by you to purchase products displayed on this Site shall be deemed to be an offer subject to JBEG’s standard terms of sale which shall be available from JEBG on request (“Terms of Sale”). JBEG hereby asserts its right to decline any offer made by you. Any such offer shall be deemed to be accepted by JBEG only when JBEG, in its sole discretion, communicates acceptance to you in writing. If JBEG does not communicate its acceptance within 10 (ten) business days, your offer shall be deemed to have been refused.
All JBEG products sold through this Site are subject to the Terms of Sale unless otherwise specified by JEBG. Product prices, configurations, and availability are subject to change at any time by JBEG, including changes to pricing and the terms of the Terms of Sale. Any such changes shall not apply retroactively to a contract already concluded between you and JBEG. JBEG shall have the right to refuse or cancel any order or delivery of any item for any reason to the extent permitted by law including in the event of a pricing error.
All remarks, suggestions, ideas, graphics, or other information communicated to JBEG through this Site (together, the "Submission") will, to the maximum extent permitted by law, forever be the property of JBEG or any of its related, affiliated or subsidiary companies and you assign and, where applicable, waive in favour of JBEG and any of its related, affiliated or subsidiary companies all of your rights to the extent permitted by the applicable law, including but not limited to moral rights. The rights so assigned shall include without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to modify, adapt, arrange, improve, correct, translate, in all or in part ; (iv) the right to update/upgrade by adding or removing. Except as described in our Privacy Policy, JBEG and any of its related, affiliated or subsidiary companies will not be required to treat any Submissions as confidential. Without limitation, JBEG and any of its related, affiliated or subsidiary companies will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in the last paragraph of this section, JBEG and any of its related, affiliated or subsidiary companies will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.
Your Submission, including personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at JBEG's option and at your sole expense), indemnify and hold JBEG and any of its related, affiliated or subsidiary companies harmless from any damages, losses, costs, or expenses, including attorneys' fees, which JBEG and any of its related, affiliated or subsidiary companies may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions. JBEG retains the right to review, edit, or delete from this Site any Submission which JBEG in its sole discretion considers illegal, offensive, or otherwise inappropriate.
SNAP-ON, SUN, JOHN BEAN, FLANK DRIVE, BLUE POINT, WILLIAMS, VANTAGE and INTEGRITY are registered trademarks of Snap-on Incorporated in the United States, and some are registered in other countries. All other JBEG trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Snap-on Incorporated or its affiliates or licensors. In countries where any of the JBEG trademarks, service marks, domain names, logos and company names are not registered, Snap-on Incorporated. claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of JBEG, Snap-on Incorporated or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact JBEG by sending an e-mail to ________, or writing to JBEG _____________, to request written permission to use Materials on this Site for purposes other than stated in these Terms and Conditions or for all other questions relating to this Site.
At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of JBEG. JBEG does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. JBEG provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by JBEG.
There may be circumstances where access to this Site is provided by a hypertext link located at another site. JBEG has no responsibility for the content of such other sites, JBEG does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and JBEG shall not be liable for any damages or injury arising from the content of or access to these other sites. JBEG does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by JBEG, you agree not to: (a) provide or create a link to this Site; or (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of JBEG.
JBEG or you may terminate your right to access or use the Site at any time. JBEG may upon termination of your right to access or use the Site require you to destroy: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations and upon termination of your right to access or use the Site, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon JBEG's request, certify in writing that all Materials have been destroyed. The warranty disclaimer, limitations and exclusions of liability, reservation of property rights and other provisions of these Terms and Conditions which by their nature are contemplated or intended to survive termination or expiry of access or use of the Site will remain in full force and effect notwithstanding the termination or expiry of such access or use for any reason.
Except as described otherwise, all Materials on this Site are made available only to provide information about JBEG. JBEG controls and operates this Site from its headquarters in Italy and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some software, products and other materials and information from this Site may be subject to export controls imposed by the United States and other jurisdictions and may not be downloaded or otherwise exported or reexported in contravention of such controls, including without limitation: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Sudan, Iran, or North Korea; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If you download or use the Software, order products, or download materials or other information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of Wisconsin, U.S.A. SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE OR THESE TERMS AND CONDITIONS SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF WISCONSIN, U.S.A. YOU AND JBEG AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and JBEG concerning this Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place pursuant to the Commercial Rules of the American Arbitration Association. The arbitration shall take place in Milwaukee, Wisconsin. The proceedings shall be conducted by one arbitrator in English language. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms and Conditions or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.
JBEG can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on December 07, 2004.
The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site and supercede and replace any prior agreement between the parties, except as otherwise set forth above. Save as provided in these Terms and Conditions, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms and Conditions (a “Misrepresentation”) and JBEG shall have no liability to you other than pursuant to these express Terms and Conditions. Nothing in these Terms and Conditions shall exclude or limit JBEG’s liability for any Misrepresentation knowing it was untrue.
In the event you browse, access or use another site hosted by JBEG or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of the site.
CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in this Site.
You may contact us at:
[insert e-mail, phone, fax, and physical address]
This Site is owned and operated by:
[insert full name and mailing address for JBEG]
