WEBSITE TERMS OF SERVICE
 

These Terms of Service ("Terms") set forth the terms and conditions through which PACCAR Inc ("PACCAR ENGINE") will permit you to use this website ("Site") and the services which it provides.


 
A. Acceptance of Terms.  In order for you to use this Site, you must first agree to abide by the Terms. You can accept these Terms by checking the box next to "I have read and agree to the Terms of Service."  If you do not choose to accept these Terms, you will not be permitted access to the Site and utilize its features.  We recommend that you print or save a copy of these Terms for your records.
 
B. User Registration. In order to use the PACCAR Engine Site, you will be required to register as a user.  As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of another person.  PACCAR Engine reserves the right to reject any user name (or terminate any user) that it, in its sole discretion, deems offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.  You also may be requested to provide information about yourself (such as your name, vehicle identification number, engine serial number, or contact information).  You agree that any registration information you give to PACCAR Engine will be true, accurate, and current.
 
C.

Privacy.  We respect your privacy and are committed to protecting it.  When you use this Site, we will ask you to provide confidential personal information about yourself as part of the user registration process.  Such confidential personal information includes your name, street address, telephone number, and e-mail address.  Other confidential information, such as your credit card number or other payment information, will only be collected if you place an order with us.  We do not collect confidential personal information unless you provide it to us voluntarily.  We do not maintain credit card numbers.  Please also be aware of the following:
 

a. If you directly disclose confidential personal information in a public forum on the Site, this information may be collected and used by others who can view the public information. 
b.

Confidential personal information collected by PACCAR Engine may be used by PACCAR Engine to:

1. Fulfill your request (for example, a request for technical or marketing information) ;
2. Fulfill and deliver an order for goods or services ;
3. Respond to your comments or requests for information;
4. To meet a request for or to develop new products or services;
5. To make the user experience with this Site more customer-friendly;
6. To contact you, if necessary, in connection with an order of a service issue;
7. To comply with a court order or other legal requirements.
  
c. Confidential personal information that you provide to us may be gathered and stored in one or more of our PACCAR Engine corporate databases and be used for purposes of contacting you for promotional offers, marketing programs, or other communications from this website or other PACCAR division websites. 
d. PACCAR Engine may share confidential personal information that we collect about you with other companies within the PACCAR corporate family, such as PACCAR’s truck divisions, PACCAR Leasing, and PACCAR Financial.  These companies are related to PACCAR Engine by common control or ownership.  We share information within this family of companies as a normal part of conducting business and offering products and services to our customers.
e. PACCAR Engine will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on PACCAR Engine Company, PACCAR Inc, or the Site; (b) protect and defend the rights or property of PACCAR Engine, PACCAR Inc, and this Site; and, (c) under an emergent circumstance necessary to protect someone’s personal safety.  Otherwise, safeguarding the confidential personal information of registered users is important to PACCAR Engine and we employ systems, policies and procedures to maintain the accuracy of information and to protect such information from loss, misuse or alteration.  When you send confidential personal information, we use encryption technology that helps safeguard your personal information against misuse by unauthorized individuals.  Your confidential personal information will not be sold or shared with persons or entities outside the PACCAR family of companies, with the exception of those companies that PACCAR Engine contracts to handle financial transactions.
 
D. Prohibited Uses.  You specifically agree not to:
 
a. Use the Site to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
b. Post, store, send, transmit, or disseminate on the website any information or material which a reasonable person could deem to be unlawful;
c.

Upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the Site in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

d. Post on the Site unsolicited bulk or commercial messages commonly known as "spam;"
e. Send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a feature of the Site;
f. Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the Site;
g. Participate in the collection of e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
h. Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the Site;
i. Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the website, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
j. Register under the name of another person or allow another person to access the Site using your credentials;
k. Engage in the systematic retrieval of data or other content from the Site, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without PACCAR Engine's prior written consent;
l. Capture, rip, download, or otherwise create a copy of any content that is shown on the Site without obtaining any required permission of PACCAR Engine;
m. Take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any advice, service or product that may be offered in the Site; or,
n. Attempt to or actually circumvent any method used by PACCAR Engine to control access to the Site, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Site through it.
 
E. Passwords.  You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the Site. Accordingly, you agree that you will be solely responsible to PACCAR Engine for all activities that occur under your account and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify the PACCAR Engine Site administrator immediately. To report any unauthorized use of your account(s) or password(s), or if you require technical assistance, the Site Administrator may be contacted by email at dealerservices@paccar.com.
 
F. Content.  The Site will allow you to access information, such as technical advice and written publications regarding your PACCAR engine.  This content is owned by PACCAR Engine, which grants you a limited license to view the content and to use the Site for the purposes as set forth in these Terms.  The materials are copyright protected and you may not distribute copies of the Site content in any form (including by e-mail or other electronic means), without prior express written permission from PACCAR Engine or as permitted by law.
 
G. Submissions by Other Registered Users.  Some of the material appearing on the Site may be provided by other registered users or PACCAR Engine dealers.  PACCAR Engine does not claim ownership of any material that users submit or post on the website. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND THAT PACCAR ENGINE HAS NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR) ANY MATERIAL THAT YOU CREATE, TRANSMIT, OR DISPLAY WHILE USING THE SITE, AND FOR THE CONSEQUENCES OF YOUR ACTIONS (INCLUDING ANY LOSS OR DAMAGE WHICH YOU MAY SUFFER) BY DOING SO.  Further, you agree that, with respect to any communication you submit to us for posting on the Site, you will not: (i) include any content that violates a third party's copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is in the sole judgment of PACCAR Engine unlawful, obscene, defamatory, libelous, threatening, distasteful, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
 
H. License.  If you post any content to the Site, you hereby grant PACCAR Engine a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the Site or the promotion of the Site, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to PACCAR Engine the license set forth in this section without infringing or violating the rights of any third party. 
 
I. Links.  The Site may contain links to other websites, including websites of PACCAR family companies, dealers, and component suppliers or providers.  These other websites may not be operated by PACCAR Engine and may have their own terms of service that we encourage you to read before you use them.  These Terms do not apply to non-PACCAR sites.  Those sites will have their own terms of use.
 
J. EXCLUSION OF WARRANTIES.  IN NO EVENT SHALL PACCAR ENGINE, ITS PARENT COMPANY, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, DOWNTIME, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  THE DATA AND INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE.  ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED.  PACCAR ENGINE DISCLAIMS ANY LIABILITY FOR USE OF PACCAR ENGINE PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.  PACCAR ENGINE ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
 
K. INDEMNIFICATION.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PACCAR ENGINE (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEY FEES) RESULTING FROM ANY BREACH OF THE TERMS OR UNAUTHORIZED USE OF THIS SITE.
 
L. CHANGES TO THE TERMSPACCAR Engine reserves the right to change these Terms from time to time consistent with applicable contract laws and principles.  When these changes are made, PACCAR Engine will make a copy of the updated Terms available at this Site.  You understand and agree that if you use the Site after the date on which the Terms take effect, PACCAR Engine will treat your use as acceptance of the updated Terms.
 
M. TRADEMARKSPACCAR and its affiliated company trademarks which may be viewed on this Site are registered trademarks of PACCAR Inc or its subsidiaries.  Unless you have agreed otherwise in writing with PACCAR, nothing in the Terms gives you a right to use any of PACCAR’S  trade names, trademarks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with PACCAR, then you agree that your use of these features shall be in compliance with that agreement.  Unless you have been expressly authorized to do so in writing by PACCAR, you agree that in using this Site, you will not use any trademark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these trademarks, names or logos.
 
N. PROPRIETARY RIGHTS.  You acknowledge and agree that PACCAR Engine owns all legal right, title, and interest in and to the Site, including any intellectual property rights which subsist in the PACCAR Engine Site, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
 
O. GENERAL LEGAL TERMS.  The Terms constitute the whole legal agreement between you and PACCAR Engine and govern your use of this Site, and completely replace any prior agreements between you and PACCAR Engine in relation to your use of the Site.  You agree that PACCAR Engine may provide you with legal notices by e-mail or regular mail.  You agree that if PACCAR Engine does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PACCAR Engine has the benefit of under any applicable law), this will not be taken to be a formal waiver of PACCAR Engine's rights and that those rights or remedies will still be available to PACCAR Engine.  If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.  You acknowledge and agree that PACCAR Inc shall be a third party beneficiary to the Terms of this agreement and that it shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) it. Other than this, no other person or entity shall be third party beneficiaries to the Terms.  The Terms, and your relationship with PACCAR Engine under the Terms, shall be governed by the laws of the state of Washington, without regard to its conflict of laws provisions.  By using this Site, you consent to the exclusive jurisdiction of the state and federal courts which encompass King County, Washington in all disputes arising out of or relating to the Terms or the services provided by this Site.
 
P. REFUNDS/RETURNS/CANCELLATIONS.  ALL SALES OF PRODUCTS OR SERVICES PURCHASED ON THIS SITE ARE FINAL. At PACCAR’s sole discretion, it will issue a credit to your credit card for the amount of your purchase, less an administrative charge of $100. PACCAR assumes no liability for any special, incidental, or consequential damages related to refunds, returns, or cancellations.