Privacy Policy and Terms of Use
Welcome to the Berger/Cummins Worldwide Prime Power Web site (“Site”). We ask that you review this Privacy Policy and Terms of Use, which are intended to constitute a binding license agreement that conditions your use of this Web site ("Agreement"). Our goal is to protect our rights in order to provide you with access to the free content available at this Site. If you do not wish to be bound by this Agreement after you have read it, please leave the Site. If you remain on this Site, or return thereafter, you agree to be bound by this Agreement.
Information Collected and Stored Automatically
When you visit this Site we automatically collect and store only the following information:
- Your Internet address
- The date and time you access our Site
- The pages you visit
We use this information to help us make our Site more useful to visitors, to learn about the number of visitors to our Site, to ensure that this service remains available to all users, and to identify unauthorized attempts to change information or otherwise cause damage.
Personal Information
In general, you can visit this Site without providing any personal information. However, we offer the opportunity to submit a resume to us and, from time to time, we may solicit other information. In order to register online, we may request personal information from you for the sole purpose of tracking and evaluating registrants. Any information you elect to submit through an online registration process will not be sold to any other agency or corporation.
Web Site Security
For Web site security purposes and to ensure that this service remains available to all users, we use a computer system that employs software to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Any attempts to cause damage or unauthorized access to confidential data could be subject to legal action.
Limited License / Copyright and Intellectual Property Law Restrictions
Except for public domain material, the content on this Site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the material at this Site ("Content") while connected to this Site. You are also granted a limited license to print one copy of any Content posted at the Site, but only for your personal use, and not for general dissemination. Except as expressly provided above, all rights are reserved. Except to the extent required for the limited purpose of reviewing material on our Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of our logos or trademarks on other Web sites is strictly prohibited. You may not display the Content of this Site in frames or via inline links without our express written permission. You may, however, establish ordinary links to our Site without our written permission.
Links
We provide links from our Site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement except where otherwise noted.
Disclaimer
Information presented on this Site is collected, maintained, and provided for the convenience of the reader. While every effort is made to keep such information accurate and up-to-date, we do not certify the authenticity of the information. Under no circumstances shall the Berger/Cummins Joint Venture, The Louis Berger Group, Inc. or Cummins, Inc. be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall they be liable for any other consequence from any such reliance.
Disclaimer of Warranties
You expressly agree that use of this Site is at your sole risk. There is no warranty that your access to or use of this Site will be uninterrupted or error free; or that any particular results may be obtained by use of this Site. This Site is made available on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, other than those which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither we nor any other person or entity providing Content via this Site shall be liable to you for any direct, indirect, incidental, special or consequential damages.
Modifications / Termination
The terms of this agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this Site) in our sole discretion, without advance notice, and that your right to access this Site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should, therefore, visit this page frequently.
Jurisdiction
Although this Site is hosted on servers located in the United States, it may be viewed by residents of the United States and others around the world. In the event of any dispute arising out of or relating to this Site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Morristown, New Jersey, USA. You understand and agree that this agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and the applicable laws of the United States of America. You agree to waive any and all rights to seek a change of venue, based upon forum non conveniens or any other procedural theory.
International Users and Choice of Law
The Berger/Cummins Joint Venture, The Louis Berger Group, Inc. and Cummins, Inc. make no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws. This Agreement is governed by the laws of New Jersey/USA, without giving effect to its conflict of laws provisions.
Limitations of Damages
THE BERGER/CUMMINS JOINT VENTURE, THE LOUIS BERGER GROUP, INC. AND/OR CUMMINS, INC. SHALL NOT BE LIABLE IN ANY EVENT (BUT TO THE EXTENT PERMITTED BY LAW IN YOUR JURISDICTION), TO ANY ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Children's Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child's online activities. Our Site does not target and is not intended for children under the age of 16, and we will not knowingly collect Personally Identifiable Information from them. If we discover personal data from a child through our Site, we will eliminate that data.
Changes to this Statement
Any updates or changes to the terms of this Privacy Policy and Terms of Use Statement will be posted here on our Site and the date of the newest version posted below. Please check back frequently, especially before you submit any Personally Identifiable Information at our Site, to see if this Privacy Statement has changed. By using our Site, you acknowledge acceptance of the Privacy Statement in effect at the time of use.
Contact Us
If you have any concerns about our use of your information or about this Privacy Policy and Terms of Use Statement, please contact us. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Effective Date: December 15, 2009