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WEBSITE USAGE GUIDELINES

The following terms and conditions apply to your use of this website and any materials accessible on or from this website. Please read these terms and conditions carefully before you enter or use this website. Your use of this website is your acceptance of these terms and conditions. If you do not agree to be subject to these terms and conditions, please do not visit or use this website.

Copyright and Trademark Information
Legal Notices and Disclaimers
Confidential Information
Forward Looking Statements
Links
Applicable Law
Website Privacy Statement
Cookies
Non-Personal Data
Copyright Agent

Copyright and Trademark Information

Progress Rail Services Corporation ("Progress Rail") and/or its affiliates retain all copyrights in any text, graphic images, and software owned by them and hereby authorize you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this website for rebroadcast, or print the information contained therein, without written permission from Progress Rail. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Progress Rail or Caterpillar Inc. ("Caterpillar") copyright, patent or trademark.

CAT, CATERPILLAR, their respective logos, "Caterpillar Yellow," and the POWER EDGE trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. Progress Rail Services, Kershaw, Chemetron and Replacement Parts International are trademarks of Progress Rail and may not be used without permission.

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Legal Notices and Disclaimers

The information in this publication, including text, images, and links, are PROVIDED "AS IS" BY PROGRESS RAIL AND CATERPILLAR SOLELY AS A CONVENIENCE AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL PROGRESS RAIL OR CATERPILLAR BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO THE USE OF THIS WEBSITE OR INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS OR REPLACEMENT GOODS OR SERVICES.

Neither Progress Rail nor Caterpillar assumes responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. We do not undertake any obligation to update or advise you of any changes or modifications to the information contained or referenced herein. This publication could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and Progress Rail may change the products or services described in this publication at any time. Contact Progress Rail for further information before relying on any information contained herein.

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Confidential Information

Any areas on the Progress Rail website that are accessed by a password or other security mechanism contain confidential and proprietary information, regardless of whether the information is marked "confidential" or "proprietary." By accessing any of Progress Rail's confidential or proprietary information, you are agreeing to keep this information confidential and will not disclose it to any other person, without approval from Progress Rail. You agree to use the information only as permitted by Progress Rail and will not alter, modify, decompile, reverse engineer or otherwise misuse any such information.

Should you choose to respond directly to Progress Rail or send any information to us including comments, questions, suggestions, ideas or the like relating to this website or Progress Rail products and services, you agree that such information shall be deemed as non-confidential and Progress Rail shall have no obligation to respond and shall be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

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Forward Looking Statements

This website may contain certain statements that relate to future events and expectations and as such may constitute forward-looking statements. It is important to note that actual results of Progress Rail and Caterpillar may differ materially from those described or implied in such forward-looking statements based on a number of factors and uncertainties described in more detail in Caterpillar's most recent filings with the Securities and Exchange Commission on Forms 10-Q or 10-K. These filings are available at www.cat.com/sec_filings. We do not undertake to update any forward-looking statements.

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Links

Progress Rail's website may contain links to other websites. Progress Rail is not liable for the privacy practices or the content of other websites.

Applicable Law

Progress Rail's website originates and is maintained in the United States of America ("U.S."). Progress Rail makes no representation or warranty regarding the legality of the use of or access to the materials on this website outside of the U.S. Anyone who accesses this website agrees to be bound by, and will comply with, all applicable U.S. laws. Anyone outside of the U.S. who accesses this website or uses the information herein assumes the risk and is responsible for complying with the laws of the local country.

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WEBSITE PRIVACY STATEMENT

Progress Rail is committed to providing customers with the best value products and services in the field. If we permit you to access to our website through a password or other security mechanism and have asked for your personal identity information, we want you to know how it will be used. By registering with or contacting us through Progress Rail's corporate website, you agree that any information or comments you provide may be shared between Progress Rail, its affiliated companies, and used without restriction to process customer orders and improve or market our products and services. Progress Rail recognizes and respects your online privacy.

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Cookies

When you visit our website, we may send you a cookie. A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.

Progress Rail web security cookies (if the user has a Progress Rail web security ID) are not used to collect personal information on this website.

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Non-Personal Data

We may use cookies to:

  • Count the number of times you visit our sites
  • Compile anonymous statistics on website use
  • Gather information on the type of Internet Browser and operating systems used

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COPYRIGHT AGENT

©2008 Progress Rail Services Corporation All Rights Reserved.

Progress Rail respects the rights of all copyright holders and in this regard, Progress Rail's policy is to remove materials from its website that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Progress Rail's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

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 on-line 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;

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. Progress Rail's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent Attn:

Cathy Hughes
100 N.E. Adams St.
Peoria, IL 61629-9620
Phone: (309) 675-4867
Fax: (309) 675-1711
Email: Trademarks@cat.com

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