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Terms of Use

Scope and Applicability

Welcome to The Timken Company’s website. Unless otherwise specified by Timken, these Terms of Use (“Terms”) govern your access to and use of all Timken websites and networked site from which these Terms of Use are linked (the “Site”).

BY ACCESSING OR USING ANY SITE, YOU AGREE TO ALL TERMS OF USE, THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE, AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR USE THIS SITE.

Age

If you are under the age of sixteen and do not have parental consent, do not use or access the Site. We do not intend to collect or use personal information from anyone under the age of sixteen, and do not knowingly do so. If we become aware that we have collected personal information from minors under the age of sixteen, and are asked to delete such information from our databases, we will promptly do so.

Copyrights

Timken retains all copyrights in any text, graphic images, and software owned by Timken. Downloading any item from the Site is for viewing purposes only.

Trademarks

Timken, the Timken logo, and other Timken names or products 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

4500 Mount Pleasant St NW

North Canton, OH 44720

Attn: Legal Services

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

No License Granted

You may not copy, modify, distribute, transmit, display, publish, sell, license, create derivative works of, link to, or use any information on this Site without written permission from Timken. Nothing contained in these Terms confers any license or right under any Timken copyright, patent or trademark.

DMCA Copyright Notices

Timken respects the rights of all copyright holders. If you believe your copyright has been infringed, please notify the Law Center at The Timken Company, via mail to 4500 Mount Pleasant St NW, North Canton, Ohio 44720, fax at (330) 458-6499, or email the lawcenter@timken.com. To be effective, your notice must include the following, per the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

1. Signature of the owner of the exclusive right that is allegedly infringed;

2. Information on the work claimed to have been infringed, or, if multiple works are covered by a single notice, a list of such works;

3. The infringing material and information reasonably sufficient to locate the material;

4. Contact information for the complaining party, such as address, telephone number, or email;

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 under penalty of perjury that the information in the notice is accurate and the complaining party is authorized to act on behalf of the owner.

YOUR USE OF SITE

User Responsibilities

You agree that you are solely responsible for the text, images, or other information that you create, submit, post, or display on or though the Site (collectively, “Content”). Timken assumes no responsibility or liability for any Content posted by any User of this Site.

You agree that your Content does not violate or infringe any copyright, trademark, right of privacy or publicity, or other proprietary rights of any person or entity, and is not libelous, obscene, threatening, abusive or unlawful. You agree that your Content does not include any computer viruses or other program or code intended to damage any system, or any commercial messages or solicitations not approved by Timken.

Restrictions on Use

Certain areas of the Site are restricted to customers of Timken. In addition to other restrictions in these Terms, you agree that you will not:

(a) Disguise the origin of information transmitted through the Site;

(b) Place false or misleading information on the Site;

(c) Use or access any service, information, application or software available via the Site in a manner not expressly permitted by Timken;

(d) Use or access the Site in any way that, in Timken’s judgment, adversely affects the performance or function of, or interferes with the ability of authorized parties to access, the Site;

(e) Frame or utilize framing techniques to enclose any portion or aspect of the Site without the express written consent of Timken.

Timken reserves the right, but has no obligation, to pre-screen, review, flag, filter, modify, refuse or remove any Content or any other text, graphic images, or other information from the Site.

Cross-border Transmission of Data

You agree that by providing Timken with your personal or proprietary information through this Site, you consent to the transmission of that information to or by Timken, and its third-party service providers or marketers, across state and international borders as necessary 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, your access to this Site and any service or product may be suspended or terminated without notice.

Submissions

You agree to provide true, accurate, current and complete information about yourself when you choose to provide personal information to Timken via the Site, and to update information to keep it accurate. You will not submit any false or misleading information or impersonate another person. To protect your account, keep your password confidential.

Content License from You

By submitting your Content on or through this Site, you 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 display, and distribute the Content. Timken shall also have the right to use your name in connection with the use of any such Content.

You further agree that:

  • Timken has no obligation to respond to your Consent
  • Your Content is not provided to Timken in confidence, and
  • Your Content is created, submitted, posted or displayed without expectation of compensation.

Without limiting any of Timken’s rights in the Content, you agree that Timken is free to use the Content for any purpose including developing, manufacturing, and marketing products incorporating such Content.

Indemnity

You agree to indemnify, defend and hold Timken its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates and its vendors harmless from and against all claims, losses, liability, cost, and expenses (including attorneys’ fees) resulting from your violation of these Terms or your use or misuse of the Site, the use or submission of any Content, or any service, product, information or materials provided through the Site. Your obligations under this Section will survive your termination of access to or use of the Site.

Links from this Web Site

This Site contains links to other websites and resources maintained by third parties. The linked sites may not be under Timken’s control, and Timken is not responsible for the content of any linked site. Links are provided for convenience only, and the inclusion of a link does not imply an endorsement, affiliation, or sponsorship by Timken. Any use of or reliance on any linked site is at your own risk. In addition, your use of linked sites may be subject to policies and terms and conditions of use, including but not limited to, the linked site’s privacy policy.

Use of CAD and Other Drawings

Timken supplies drawings on the cad.timken.com Site to assist engineers in saving time and designing better products by making Timken’s content available for information purposes only. The information contained in the CAD and/or other files is subject to change. Please confirm all design information with your nearest Timken customer service center, sales office or authorized Timken distributor.

You should evaluate and you will bear all risks associated with the use of and reliance on the accuracy, completeness, or usefulness of such CAD or other drawings. Timken is not liable or responsible for any errors, omissions, modifications or any loss or damages incurred as a result of the use of any drawings. Timken does not make any warranty or guarantee of any drawing’s accuracy, validity, inclusiveness or compliance with any regulatory code or governmental laws and regulations.

Users may not modify the CAD and other drawings in any way or reproduce or publicly display, post, transmit, or distribute the drawings for any public commercial purpose.

CAD drawings may be simplified for reduction of volume of data, and you must take care when using CAD drawings to create working drawings.

Disclaimers

The information and materials available on or through this Site, including text, images, and links, are PROVIDED “AS IS” AND “AS-AVAILABLE” 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 PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.

TIMKEN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS, AND TIMKEN EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN INFORMATION AND MATERIALS. THERE IS NO WARRANTY THAT ANY INFORMATION, SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE 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, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES, 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.

YOUR SOLE REMEDY AGAINST TIMKEN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

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 SITE, 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.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

This Site and any links could include technical or other inaccuracies, and not all products or services 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 representative for further information.

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 the Site for details.

Enforceability

If any of these Terms are held to be unenforceable, the remaining provisions will remain in effect, and the unenforceable provision shall be replaced by an enforceable term that comes closest to the intent of the unenforceable term. These Terms do not alter any other agreements you have entered into with Timken.

Applicable Law

By accessing this Site, you agree that your use of this Site is subject to the statutes and laws of the State of Ohio, and the federal laws of the USA. The United Nations Convention of Contracts for the International Sale of Goods and the model Uniform Computer Information Transactions Act as enacted and/or modified into any state law in the USA, are expressly excluded and do not apply.

Changes

We may change or discontinue this Site (or any portion thereof) and the Terms at any time without prior notice or obligation to you. Timken may also impose fees for products and services provided through the Site. Your continued use of this Site after such changes will constitute your acceptance of the changes.

Revised 2019 04 01