Legal Disclaimers

End User License Agreement:

MOBILE APPLICATION END USER LICENSE AGREEMENT

The Jumpstart Tech Careers Mobile App (together with all related documentation, data and content delivered thereby, the "Licensed Application"), is licensed, not sold, to You for use only under the terms of this Licensed Application End User License Agreement (the "License"). Title to the Licensed Application (including all documentation, data and content relating to the Licensed Application and/or Services) belongs to, and at all times shall remain the property of, Caterpillar Inc., Peoria, Illinois and/or its affiliated companies and licensors ("Caterpillar"). Caterpillar reserves all rights not expressly granted to You. Use of the Program by anyone other than You is strictly prohibited. INSTALLING THE LICENSED APPLICATION IN ANY MANNER INDICATES YOUR ACCEPTANCE OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE PACKAGE. YOU SHOULD PROMPTLY RETURN THE UNINSTALLED LICENSED APPLICATION AND ANY ITEMS DELIVERED WITH IT FOR A FULL REFUND.

  1. SCOPE OF LICENSE: This License granted to You for the Licensed Application by Caterpillar is a limited, non-transferable, non-sublicenseable right to use the Licensed Application exclusively for Your own internal business purposes on any smart phone, tablet computer, or other similar mobile computing device (each a "Mobile Device," e.g., an iPhone, iPod touch or iPad) that You own or control. This License does not allow You to use the Licensed Application on any Mobile Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of Caterpillar and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of this License will govern any upgrades provided by Caterpillar that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  2. SUBMITTED INFORMATION: Through Your use of the Licensed Application, You may provide, post, or submit various ideas, thoughts, concepts, proposals, inventions, methods, or other suggestions or materials (collectively, “Submitted Information”). Unless and to the extent agreed otherwise in terms and conditions specific to applicable Services, in the event that you do provide, post, or submit any Submitted Information, you hereby (i) grant and agree to grant to Caterpillar and its designees a fully paid-up, perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, disclose reproduce, distribute, display, perform, prepare derivative works of, modify, alter, translate and/or sublicense all such Submitted Information in any manner and in any medium that Caterpillar and/or its designees may, at its or their sole discretion, desire; and (ii) irrevocably waive any and all “moral rights” or rights of attribution or integrity in the Submitted Information. You expressly agree that any such license is provided without compensation and without restriction of any kind or nature. You also grant Caterpillar and its designees the right, at its or their sole discretion, to use your name in connection with the Submitted Information and other information as well in connection with any advertising, marketing or promotional material related to such Submitted Information. To enable Caterpillar and its designees to exercise the rights expressed in this License Agreement, you agree to promptly execute and deliver, or cause to be executed and delivered, all documents or instruments, and will perform, or cause to be performed, such acts as Caterpillar or its designees may reasonably deem necessary or advisable. Caterpillar shall be free to use any ideas, concepts, know-how or techniques contained in the Submitted Information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information, and will not be liable for any use or disclosure of such Submitted Information.
  3. PRIVACY: The privacy statement for the Licensed Application (“Privacy Statement”) is available at http://jumpstarttechcarerrs.com/privacy/. You agree and acknowledge that you have read and agree to be bound by the Privacy Statement as it may be updated from time to time by Caterpillar. Additionally, to the extent that Submitted Information contains personal information you agree to comply with all applicable laws that regulate the processing, collection or disclosure of information about an identified or identifiable individual and, without limiting the foregoing, that you have obtained any necessary consents for Caterpillar (and its affiliates, subsidiaries, dealers and their contractors on their behalf) to collect, process and disclose such data as contemplated by this Licensed Application, License Agreement or the Privacy Statement.
  4. OPEN SOURCE SOFTWARE: Notwithstanding anything to the contrary in this License, any Open Source Software included as a part of the package with the Licensed Application does not constitute a portion of the Licensed Application as defined in this License and is not licensed under the terms of this License, but instead is subject to the terms of the applicable Open Source Software license. Unless otherwise required pursuant to the terms of an Open Source Software license, Caterpillar grants you no right to receive source code to the Open Source Software; however, in some cases rights and access to source code may be available to you directly from the licensors. If you are entitled to receive the source code from Caterpillar for any Open Source Software included with the Licensed Application package, you may obtain the source code at no charge by written request to Caterpillar at the address indicated below. You must agree to the terms of the applicable Open Source Software license, or you may not use the subject Open Source Software. For purposes of this License, "Open Source Software" means those software programs, libraries or code that are identified in the software documentation, read me and/or about files as being subject to any open source software license, and all modifications, derivative works and executables based on or derived from such software programs, libraries or code, if such modifications, derivative works and/or executables are also subject to the applicable open source software license by its terms.
  5. TERMINATION: The License is effective as of the date that You properly installed the Licensed Application until terminated by You or Caterpillar at any time. Your rights under this License will terminate automatically without notice from Caterpillar if You fail to comply with any term(s) of this License. Upon termination of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application and all Confidential Information. At Caterpillar's request, you will provide Caterpillar with a written statement signed by You or Your duly authorized representative certifying that the Licensed Application and all related Confidential Information have been so destroyed. All provisions that would by there nature survive termination, including paragraphs b., c., e., g., i., j., k., l. and n., will survive the termination of this License for any reason.
  6. SERVICES; THIRD PARTY MATERIALS: The Licensed Application may enable access to Caterpillar’s and third party services, data, and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to infringe or violate the rights of any other party. In addition, third party Services and third party materials that may be accessed from, displayed on or linked to from the Mobile Device are not available in all languages or in all countries. Caterpillar makes no representation that such Services and materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or materials, You do so at Your own initiative and You agree that You are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Caterpillar, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Caterpillar be liable for the removal of or disabling of access to any such Services. Caterpillar may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  7. CONFIDENTIALITY: Caterpillar may disclose to You certain business and technical information through the Licensed Application or the delivery of the Services that Caterpillar considers to be confidential, including information designated as proprietary or confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential ("Confidential Information"). In consideration of receipt of the Confidential Information, you will maintain all Confidential Information in strict confidence, and until instructed in writing to the contrary by Caterpillar, will only use Confidential Information for your internal business purposes in accordance with this License and you will not disclose any Confidential Information to any third party. Caterpillar Confidential Information does not include information that: (a) was already in Your possession prior to its receipt from Caterpillar without restriction on its use or disclosure; (b) is or becomes available to the general public through no act or fault of Yours; or (c) is rightfully disclosed to You by a third party without restriction on its use or disclosure. The Licensed Application and all related documentation, data and content delivered in connection therewith or with the Services are deemed to be Confidential Information. Title to all Confidential Information belongs to, and at all times shall remain the property of, Caterpillar.
  8. SECURITY: You will take all necessary steps to prevent the misuse, abuse, unauthorized access and/or wrongful disclosure of the Licensed Application and the Confidential Information with at least the same degree of care that You use to protect our own information of like kind, but in no event less than reasonable care.
  9. INDEMNIFICATION: You will indemnify, defend, and hold harmless Caterpillar, its directors, officers, employees and agents from and against any and all suits, claims, demands, losses, damages, costs and expenses of any nature whatsoever, including without limitation, litigation expenses, attorney’s fees and liabilities incurred in connection therewith, for any claim arising out of this License, Your use of the Licensed Application, Services and/or Confidential Information.
  10. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, THE SERVICES AND THE CONFIDENTIAL INFORMATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE LICENSED APPLICATION, THE SERVICES AND THE CONFIDENTIAL INFORMATION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THIS PROGRAM AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL SERVICES AND CONFIDENTIAL INFORMATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CATERPILLAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ALL SERVICES AND CONFIDENTIAL INFORMATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CATERPILLAR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THE SERVICES OR THE CONFIDENTIAL INFORMATION, THAT THE FUNCTIONS CONTAINED IN, SERVICES PERFORMED OR CONFIDENTIAL INFORMATION PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, SERVICES OR CONFIDENTIAL INFORMATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CATERPILLAR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, SERVICES OR CONFIDENTIAL INFORMATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  11. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CATERPILLAR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, SERVICES OR CONFIDENTIAL INFORMATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CATERPILLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CATERPILLAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  12. EXPORT CONTROL: You may not use or otherwise export or re-export the Licensed Application, Services or Confidential Information except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application, Services and Confidential Information was obtained. In particular, but without limitation, the Licensed Application, Services and Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that your possession and use of the Licensed Application, Services and Confidential Information will not violate any such laws and that You are not located in any such country or on any such list. You also agree that you will not use the Licensed Application, Services or Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
  13. COMMERCIAL COMPUTER SOFTWARE: The Licensed Application and related Services and Confidential Information are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  14. GENERAL: The laws of the State of Illinois, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. This License may be modified only in a writing signed by the duly authorized representatives of Caterpillar. You may not assign this License or any other rights or obligations herein, voluntarily or involuntarily, including by change of control, merger, operation of law or in any other manner, without the express written consent of Caterpillar. The text of this License may be written in multiple languages, including English. All language versions are deemed authentic, but the English language shall be the binding and controlling language for all matters relating to the meaning and interpretation of this License.
  15. INQUIRIES: Should you have any questions concerning this License, write to Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn: Deputy General Counsel, Commercial Section.

 

Privacy Statement

Jumpstart Cat Tech Careers Privacy Policy

This privacy policy describes the personal information collected and processed as a result of your use of the Jumpstart Cat Tech Careers software application (the “Application”) on your mobile device.

What information does the Application obtain and how is it used?

User Provided Information - You provide “User Provide Information” when you download and use the Application or submit a form inside the Application. This may include: (a) your name, email address, age, phone number user name, password and other registration information; (b) transaction-related information, such as responses to quiz questions or game responses or downloading or using applications from us; (c) information you provide us when you contact us for help; and (d) information you enter into our system when using the Application, such as contact information and job or career interest information. We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information - In addition, the Application may collect certain information automatically, such as: the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. See “Automatic Data Collection and Advertising” section for examples.

Does the Application collect precise real time location information of the device?

If you have enabled this application to use your “location” then this Application collects information about the location of your device. We collect location information using network triangulation, GPS and Wi-Fi IP address to determine your general device location for the sole purpose of sending targeted push notifications and helping you use maps and find jobs near you.

You may at any time opt-out from further allowing us to have access to your location data by:

Do third parties see and/or have access to information obtained by the Application?

We will share your information with third parties generally in the ways that are described in this privacy statement. We may disclose User Provided and Automatically Collected Information:

Automatic Data Collection

This Application also collects certain non-personal data that does not enable us to identify you. The types of non-personal data we may collect and use include, but are not limited to: (i) mobile device type and device properties; (ii) mobile device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data; and (v) other non-personal data as reasonably required by us to enhance our services.

We reserve the right to use and disclose the collected non-personal data (i.e., data that are anonymized or de-identified. We do not pass any personally identifiable information to ad networks or advertisers.

We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage.

What are my opt-out rights?

You may, at any time, revoke your consent for providing location data to us (and third parties) by:

  1. Disable location information from being collected;
  2. Remove the application to prevent it providing any information and
  3. Opt-out from further allowing us to have access to your location data by:

In the event you have uninstalled the Application and want us to stop using your User Provided Information, please submit a thorough description at http://www.caterpillar.com/contact and we will respond to your request in a reasonable period of time. We only retain User Provided Information as described in our Retention Policy below.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at http://www.caterpillar.com/contact. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve consistent with this Privacy Statement. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Data Retention Policy

We may retain User Provided data for as long as you use the Application and for a reasonable time thereafter. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at http://www.caterpillar.com/contact and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy within the Applicatipon and at http://JumpstartTechCareers.com/privacy and as applicable, if the application obtains email and/or phone number, we may inform you via email or text message. You are advised to consult this Privacy Policy regularly for any changes.

Your Consent

By using the Application, you are consenting to our processing of User Provided and Automatically Collection information as set forth in this Privacy Policy now and as amended by us. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there. By using the Application and providing information to us, you consent to such transfer to, and processing in, the U.S.

Contact Us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please submit a thorough description at http://www.caterpillar.com/contact or mail your questions to Caterpillar, 501 S.W. Jefferson Ave., LC2184, Peoria. IL 61630.