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Terms of Use

Terms of Use

Scope and Applicability

Welcome to Cone Drive’s website. Unless otherwise specified by Cone Drive, these Terms of Use (“Terms”) govern your access to and use of all Cone Drive websites and networked sites from which these Terms of Use are linked (the “Site”). Using and accessing the Site includes access to and use of programs and applications accessible from the Site.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO ALL TERMS OF USE, AND YOU AGREE THAT YOU 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

Cone Drive retains all copyrights in any text, graphic images, software, and other works of authorship owned by Cone Drive.

Trademarks


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


Timken
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 Cone Drive. Nothing contained in these Terms confers any license or right under any Cone Drive copyright, patent, trademark, or other intellectual property right.


DMCA Copyright Notices


Cone Drive respects the rights of all copyright holders. If you believe your copyright has been infringed, please notify the Law Center at Timken, 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 are solely responsible for the text, images, or other information that you create, submit, post, or display on or though the Site (collectively, “Content”). Cone Drive assumes no responsibility or liability for any Content posted by any user of this Site. You agree that you will not place false or misleading information on the Site or impersonate another person.


Restrictions on Use


Certain areas of the Site are restricted to customers of Cone Drive. 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) Create, submit, post, or display any Content that (i) violates or infringes any copyright, trademark, right of privacy or publicity, or other proprietary right of any person or entity, (ii) is libelous, obscene, threatening, abusive, or unlawful, (iii) includes any computer virus or other program or code intended to or likely to cause damage to any system, or (iv) includes any commercial messages or solicitations not approved by Cone Drive;

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

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

(e) Use this Site for any illegal, fraudulent, unauthorized, or improper activity.

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

Cone Drive 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. 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.


Cross-border Transmission of Data


By providing Cone Drive with your personal or proprietary information through this Site, you consent to the transmission of that information to or by Cone Drive, and its third-party service providers or marketers, across state and international borders as necessary in accordance with Cone Drive’s standard business practices, subject to Cone Drive’s Privacy Statement.


Submissions


You agree to provide true, accurate, current and complete information about yourself when you choose to provide personal information to Cone Drive via the Site, and to update information to keep it accurate. To protect your account, keep your password confidential.


Content License from You


By submitting your Content on or through this Site, you grant to Cone Drive 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. Cone Drive shall also have the right to use your name in connection with the use of any such Content.


You further agree that:

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


Without limiting any of Cone Drive’s rights in the Content, you agree that Cone Drive 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 Cone Drive 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 use of 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 Cone Drive’s control, and Cone Drive 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 Cone Drive. 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 Engineering Tools


Cone Drive makes available engineering tools on the engineering Cone Drive Site to help engineers save time and design better products. The information made available through these engineering tools is provided for information purposes only and is subject to change. You should confirm all design information with your nearest Cone Drive customer service center, sales office, or authorized Cone Drive distributor.

The accuracy of the technical information supplied through these engineering tools is dependent upon the accuracy and completeness of information supplied to Cone Drive. Actual product performance is affected by many factors beyond the control of Cone Drive, and which cannot be modeled through these tools. Therefore, you must validate the suitability and feasibility of all designs and product selections. The technical information is presented solely to provide you, a customer of Cone Drive or its affiliates, with data to assist you in your design. No warranty, expressed or implied, including any warranty of fitness for a particular purpose, is made by Cone Drive through the provision of this information.


Use of CAD and Other Drawings


Cone Drive supplies drawings on the www.conetools.com Site to help engineers save time and design better products by making Cone Drive’s content available for information purposes only. The information contained in the CAD and/or other files is subject to change. You should confirm all design information with your nearest Cone Drive customer service center, sales office, or authorized Cone Drive 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. CAD drawings may have been simplified to reduce data size, and you must take care when using CAD drawings to create working drawings. Cone Drive 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. Cone Drive 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.

You 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.


Disclaimers


THE INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE, INCLUDING TEXT, IMAGES, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BY CONE DRIVE, SOLELY AS A CONVENIENCE TO VISITORS OF THIS SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CONE DRIVE 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.

CONE DRIVE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS, AND CONE DRIVE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN INFORMATION AND MATERIALS AND DOES NOT WARRANT THAT ANY INFORMATION, SERVICE, PRODUCT, MATERIAL, TOOL, OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

CONE DRIVE DISCLAIMS ALL WARRANTIES 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.


Limited Liability


YOUR SOLE REMEDY AGAINST CONE DRIVE 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.

IN NO EVENT SHALL CONE DRIVE 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 CONE DRIVE, 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).


Privacy and Security


We understand the need to safeguard certain of your information and records from unauthorized use and disclosure. Please see the Cone Drive 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 Cone Drive.


Applicable Law


By accessing this Site, your use of this Site is subject to the statutes and laws of the State of Ohio and the federal laws of the United States. 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 United States, 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. Cone Drive 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.


Released October 2024

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