Terms of Use

 

 

Welcome to The Timken Company’s web site at www.timken.com. We, The Timken Company (“Timken”), maintain this web site for informational, general promotional, public information and investor relations purposes. The following Terms of Use apply to your use of this site, Timken Stores, the Timken Supplier Network located at tsn.timken.com, and any Timken-sponsored web logs or forums accessible from www.timken.com and/or maintained by Timken, including but not limited to, Timken Connect located at connect.timken.com (collectively referred to as the “Site”). By accessing, browsing, posting comments to, or otherwise using this Site, you agree to be bound by these Terms of Use.

 

Timken retains all copyrights in any text, graphic images, and software owned by Timken and hereby authorizes you to electronically copy documents published herein solely for the purpose of viewing the information. You may not copy, modify, distribute, transmit, display, publish, sell, license, create derivative works, link to, or use any information on this Site without written permission from Timken. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Timken copyright, patent or trademark.

 

Copyright 2010-2011 The Timken Company. All Rights Reserved.

 

Trademarks

Timken, the Timken logo, and the other Timken names or products referenced herein are trade names, trademarks or service marks of The Timken Company or its subsidiaries and affiliates and may not be used without permission. Timken® is a registered trademark of:

 

    The Timken Company
    1835 Dueber Avenue SW
    Canton, OH 44706

 

Other product or company names mentioned herein may be the trade names, trademarks, or service marks of their respective owners.

 

Disclaimer

The information and materials available on or through this Site, including text, images, and links, are PROVIDED "AS IS" BY THE TIMKEN COMPANY, SOLELY AS A CONVENIENCE TO VISITORS OF THIS SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TIMKEN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND TIMKEN EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THERE IS NO WARRANTY THAT ANY INFORMATION, SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE, OR TIMKEN'S COMPUTER SYSTEM WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

 

TIMKEN DISCLAIMS A WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT, INFORMATION ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IN CONNECTION WITH THIS SITE OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF TIMKEN HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 

Limited Liability

IN NO EVENT SHALL TIMKEN BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY TO USE, BY ANY PARTY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TIMKEN, OR ITS REPRESENTATIVE THEREOF, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, EXCEPT AS LIMITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

Timken assumes no responsibility for errors or omissions contained in the information or materials available on this Site or other documents that are referenced by or linked to this Site. This Site and those that link into and out of this Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Timken reserves the right to change the products or services described on this Site at any time. Contact your nearest Timken customer service center, sales office or authorized Timken distributor for further information before relying on any information contained herein.

 

Content Submitted by You to this Site

You agree that you are solely responsible for the text, graphic images, or other information that you create, submit, post, or display on or though this Site (collectively, “your Content”) and for the consequences of your actions. You further agree that Timken are solely responsible for any Content. Timken assumes no responsibility or liability for any Content posted by you or any third party user of this Site.

 

You agree that your Content does not and will not violate or infringe any copyright, trademark, right of privacy or publicity or other proprietary rights of any person or entity or constitute libelous, obscene, threatening, abusive or unlawful matter. Your Content will not include any computer viruses or any commercial messages or solicitations which have not been approved by Timken in advance.

 

Timken reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove from this Site any Content or any other text, graphic images, or other information, including without limitation, comments posted to web logs or forums accessible from www.timken.com or maintained by Timken.

 

Content License from You

By submitting, posting, or displaying your Content on or through this Site, you grant, and represent that you have the right to grant, to Timken a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and sublicenseable license to use, reproduce, adapt, modify, create derivative works from, translate, publish, publicly perform, publicly display, and distribute such Content. Timken and its licensees shall also have the right to use your name in connection with their use of any such Content.

 

You further agree that Timken has no obligation to respond, your Content is not provided to Timken in confidence, and that your Content is created, submitted, posted or displayed gratuitously and without expectation of compensation. Without limiting any of Timken’s rights in the Content, you agree that Timken will be free to consider, reproduce, use, disclose and distribute the Content to others, and to use the Content for any purpose including without limitation, developing, manufacturing, and marketing products incorporating such Content.

 

Copyright Notices

Timken respects the rights of all copyright holders. If you believe your copyright has been infringed, you may notify Grace Ho, Senior Corporate Attorney, 1835 Dueber Avenue SW, Canton, Ohio 44706, USA, Fax (330) 471-3541, lawcenter@timken.com in writing. To be effective, your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Timken has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Timken’s system or network who are repeat infringers.

 

Indemnity

You agree to indemnify, defend and hold Timken and its vendors harmless from and against all claims, losses, liability, cost, and expenses (including attorneys' fees) arising from your violation of these Terms of Use or use or misuse of this Site, or from the use of any Content or any service, product, information or materials provided through this Site. Your obligations under this Section will survive your termination of access to or use of this Site.

 

Links from this Web Site

This Site contains links to other world wide web sites and resources maintained by third parties. The linked sites may not be under the control of Timken, and Timken shall not be responsible for the content of any linked site or link contained in a linked site. These links are provided as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by Timken of that site. Any use of or reliance on any such information, content, and materials is at your own risk.

 

Submissions

You agree to provide true, accurate, current and complete information about yourself when you elect to provide personal information to Timken via this Site, including in connection with registering or creating an account at this Site. You also agree to maintain and promptly update any such information to keep it accurate. Without limiting the generality of the foregoing, you will not submit any false or misleading information (including without limitation names or other contact information) or impersonate any person. To protect your account, you shall keep your password confidential and take full responsibility for your own and third party activities that occur under or in connection with your account.

 

Privacy and Security

We understand the need to safeguard certain of your information and records from unauthorized use and disclosure. Please see the Timken Privacy Statement posted on this Site.

 

Cross-border Transmission of Data

You acknowledge and agree that by providing Timken with your personal or proprietary information in any application or transaction request through this Site, you hereby consent to the transmission of such personal or proprietary information to or by Timken, and its service providers or marketers, over state and international borders as necessary for handling your application or transaction request in accordance with Timken’s standard business practices, subject to Timken’s Privacy Statement.

 

Illegal, Fraudulent, or Improper Activity

You will not use this Site for any illegal, fraudulent, unauthorized, or improper activity (a "Prohibited Use"). If we suspect that you may be engaging in any Prohibited Use, including any violation of any terms or conditions relating to this Site or any service or product by Timken, your access to this Site and any service or product may be suspended or terminated without notice.

 

Enforceability

In the event any of the provisions of these Terms of Use shall be held to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to and do not alter any other agreements you have entered into with Timken.

 

Applicable Law

This Site (excluding linked sites) is controlled by Timken from its offices within the State of Ohio, United States of America. By accessing this Site, you agree that all matters relating to your use of this Site shall be governed by the statutes and laws of the State of Ohio, and the federal laws of the U.S.A., without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply.

 

Changes

We may change or discontinue this Site (or any portion thereof) at any time without prior notice or obligation to you. We may also change these Terms of Use at any time without prior notice, and your continued use of this Site after such changes have been posted will constitute your acceptance of the changes.