TERMS OF USE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS, UNLESS OTHERWISE SPECIFIED HEREIN, INCLUDING IN THE EVENT THAT YOU CHOOSE TO OPT-OUT. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL. FOR MORE DETAILS ON THESE MATTERS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.

1. Acceptance of Agreement. These Terms of Use (“Terms”) constitute an agreement (“Agreement”) between you (“you” or “your”) and BDA, L.L.C. (hereinafter “BDA,” “we,” “us,” or “our”) concerning your use of our website https://cummins.uat.test.bdashops.com/ (the “Site”), the information, content, services, and tools available via the Site (collectively, the “Services”), and your purchase and use of any products offered through the Site (individually, a “Product” and collectively, the “Products”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, Services, Products, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. BDA agrees to provide the Site, Services, and Products to you only under these Terms. By accessing the Site, you acknowledge and agree to abide by the following Terms.
2. Modifications. You and BDA agree that BDA may modify these Terms. To the extent permitted by applicable law, you agree that any modifications will take effect immediately upon posting on the Site. You can review the most current version of the Terms at any time on this page, and you should review the Terms prior to using the Site.
3. Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification, or publication by you of any such matters or any part of the Site is strictly prohibited without our express prior written permission. The Trademarks, service marks, and logos used and displayed on this Site are registered and unregistered Trademarks of their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner.
4. Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information, or other content appearing on the Site.
5. Indemnification. You agree to defend, indemnify, and hold harmless BDA, its suppliers, vendors, contractors, retailers, and licensors (COLLECTIVELY, THE “BDA Entities”), and their RESPECTIVE parents, subsidiaries, affiliates, officers, directors, shareholders, partners, agents, attorneys, employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from AND AGAINST any and all claims, actions, demands, losses, liabilities, settlements, and expenses of every kind and nature, known and unknown, including without limitation, reasonable legal and accounting fees, made against the BDA Entities by any third party due to, resulting from, or alleged to result from, your use of the Site, Services, or Products, your violation of these Terms and/or any law, rule, regulation and/or contract, your violation of any third party’s rights (including copyright or privacy right), or any claim relating to your user content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. You will cooperate as fully and as reasonably required in our defense of any claim.
6. Disclaimer AND LIMITATION. THE SITE, PRODUCTS, CONTENT, SERVICES, AND FREE PRODUCT SAMPLES AND OTHER OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS” and “AS AVAILABLE.” THE BDA ENTITIES and their RESPECTIVE parents, subsidiaries, affiliates, officers, directors, shareholders, partners, agents, attorneys, employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees make no representations or WARRANTIES of any kind, EXPRESS OR IMPLIED—whether by law, course of dealing, course of performance, usage of trade, or otherwise—INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE in connection with the SITE, ANY WEBSITE WITH WHICH IT IS LINKED, THE SERVICES, or PRODUCTS. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 
   To the fullest extent permitted under applicable law, you expressly understand and agree that THE BDA Entities AND their RESPECTIVE parents, subsidiaries, affiliates, officers, directors, shareholders, partners, agents, attorneys, employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF the site, services, or products. IN PARTICULAR, BUT NOT AS A LIMITATION, THEY ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE SITE, SERVICES, PRODUCTS, OR OTHER ELECTRONIC COMMUNICATIONS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU, THE USER. THIS SITE, Services, AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
   CERTAIN STATE LAWS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF WARRANTIES OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Dispute Resolution.
   PLEASE READ THE “AGREEMENT TO ARBITRATE” AND “CLASS ACTION WAIVER” SECTIONS BELOW CAREFULLY.
   Agreement to Arbitrate.
   Arbitration is the referral of a dispute to one or more individuals who will review the dispute and make a final and binding determination to resolve the dispute instead of having the dispute decided by a judge or jury in court. YOU AND BDA EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR ACTIONS BETWEEN YOU AND THE BDA ENTITIES THAT ARISE OUT OF, RELATE TO, OR ARE CONNECTED IN ANY WAY WITH THE SITE, SERVICES, PRODUCTS, THESE TERMS, OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE BDA ENTITIES (“CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS.
   This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
   This Agreement to Arbitrate does not apply to actions by BDA for intellectual property claims, including by way of example, trade secret misappropriation, patent infringement, copyright infringement or misuse, and/or trademark infringement or dilution.
   CLASS ACTION WAIVER.
   EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND BDA AGREE THAT ALL CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED BY THESE TERMS, OR UNLESS YOU AND BDA CONSENT IN WRITING, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED OR DECISION MADE CANNOT AFFECT OTHER BDA CUSTOMERS.
   Pre-Arbitration Notice.
   In the event of a dispute or claim (the “Action”), you or BDA must first send to the other party a notice of the Action that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Action, and the relief requested. The notice to BDA must be addressed to [email protected] or Attention: Customer Service, 15525 Woodinville-Redmond Rd. NE, Woodinville, WA 98072. The notice from BDA to you will be sent by certified mail to the most recent address we have on file for you, or via email. If BDA and you do not resolve the Action within sixty (60) calendar days after the notice of the Action is received, you or BDA may commence an arbitration proceeding pursuant to this section. Each party agrees to act in good faith to resolve the Action before commencing arbitration.
   Procedure. 
   Arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules (“AAA Rules”)  https://www.adr.org/sites/default/files/CommercialRules_Web_1.pdf. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. Any Action shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator shall not award punitive damages to either party. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
   Arbitration Fees.
   Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, BDA will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by BDA should be submitted by mail to the AAA along with your Demand for Arbitration and BDA will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, BDA will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. If the arbitrator determines that the substance of either your or BDA’s claim, or the relief sought, was frivolous or brought for an improper purpose, the responsible party must reimburse the other for any fees paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.
   Mass Filing.
   In the event of a Mass Arbitration, as that term is defined by the AAA Mass Arbitration Supplementary Rules, You agree to application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule then in effect and currently available at https://www.adr.org/mass-arbitration.   
   Hearing Format.
   The arbitration shall occur in one of the following locations: (i) your county of residence; (ii) King County, Washington; (iii) virtually; or (iv) as mutually agreed upon between you and BDA. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described above is triggered, then the location of any hearing will be determined by the arbitrator.
   Small Claims Court.
   Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or King County, Washington, if the action is within that court’s jurisdiction and is pending only in that court.
   Opt-Out.
   You may elect to opt-out from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a letter to BDA at: Attention: Customer Service, 15525 Woodinville-Redmond Rd. NE, Woodinville, WA 98072 or [email protected], postmarked or time-stamped within thirty (30) calendar days of your initial agreement to these Terms that specifies: (1) your name; (2) your mailing address; and (3) and your request to be excluded from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in these Terms. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
   Severability.
   If any provision in this “Dispute Resolution” section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” Section shall be null and void. The terms of this section shall otherwise survive any termination of these Terms.
8. Time Limitation for Claim. ANY CLAIMS RELATING IN ANY WAY TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR. IF NOT COMMENCED WITHIN THE APPLICABLE PERIOD, YOU AND BDA ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
9. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies), and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked websites, you do so at your own risk.
10. Product Orders. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product listed on this Site at any time without notice. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted).
11. Submissions. All suggestions, ideas, notes, concepts, and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
12. Governing Law and Jurisdiction. These Terms, the Site, Services, and Products shall be governed and interpreted in accordance with the laws of the United States and the State where your purchase is made or where you access the Site, excluding its conflict of laws rules. The parties exclude the application of the Convention on International Sale of Products to these Terms. For any claim or dispute with us relating to the Site, Services, Products, or these Terms not governed by the Agreement to Arbitrate or Small Claims Court provision, you expressly agree that such claim or dispute shall be resolved in the United States District Court for the Western District of Washington, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction does not exist in the United States District Court for the Western District of Washington, then the exclusive forum and venue for any such claim or dispute shall be the courts of the State of Washington located in King County, and you submit to the personal jurisdiction of that court. In the event of any violation of these Terms, BDA reserves the right to seek all remedies available under law and equity for such violations.
13. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected]. You may also contact us by writing to BDA at Attention: Customer Service 15525 Woodinville-Redmond Rd. NE, Woodinville, WA 98072, or by calling us at 1-888-818-0969. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACTING US

If you have any questions about this Agreement, please contact us at:

BDA L.L.C.
Attention: Customer Service
15525 Woodinville-Redmond Rd. NE
Woodinville, WA 98072 U.S.A.

Or via email at [email protected]

Although We will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), BDA does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information.

GENERAL

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. We have endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but make no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.

BDA’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of BDA’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by BDA with respect to such use.

This Agreement and the Privacy Policy, which also governs your use of the Site, Services, and Products, constitute the entire agreement between you and BDA with respect to the Site, Services, and Products. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BDA with respect to this Site, Services, and Products. No modification of this Agreement shall be effective unless it is authored by BDA or its affiliates. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by BDA in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by BDA in printed form.