WEBSITE TERMS OF SERVICE

These Terms of Service ("Terms") set forth the terms and conditions through which Burgio-Cooney Resource Company, Inc. ("BCA") will permit you to use this website ("Site") and the services which it provides.

Acceptance of Terms. In order for you to use this Site, you must first agree to abide by the Terms. If you do not agree to these Terms, you may not access this site or its content. We recommend that you print or save a copy of these Terms for your records.
User Registration. In order to use the BCA Site, you will be required to register as a user. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of another person. BCA reserves the right to reject any user name (or terminate any user) that it, in its sole discretion, deems offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. You also may be requested to provide information about yourself (such as your name or contact information). You agree that any registration information you give to BCA will be true, accurate, and current.
Privacy. We respect your privacy and are committed to protecting it. When you use this Site, we will ask you to provide confidential personal information about yourself as part of the user registration process. Such confidential personal information includes your name, street address, telephone number, and e-mail address. We do not collect confidential personal information unless you provide it to us voluntarily. Please also be aware of the following:

If you directly disclose confidential personal information in a public forum on the Site, this information may be collected and used by others who can view the public information.
Confidential personal information collected by BCA may be used by BCA to:

Fulfill your request (for example, a request for technical support);
Fulfill and deliver an order for goods or services;
Respond to your comments or requests for information;
To meet a request for or to develop new products or services;
To make the user experience with this Site more customer-friendly;
To contact you, if necessary, in connection with an order of a service issue;
To comply with a court order or other legal requirements.

Confidential personal information that you provide to us may be gathered and stored in our BCA corporate database and be used for purposes of contacting you for promotional offers, training opportunities, or other communications from this website or other PACCAR websites.
BCA may share confidential personal information that we collect about you with other companies within the PACCAR corporate family, such as PACCAR's truck divisions, PACCAR Leasing, PACCAR Financial, and PACCAR vendors and partners. These companies are related to PACCAR, Inc. by common control or ownership or business relationships. We share information within this family of companies as a normal part of conducting business and offering products and services to its employees and dealerships.
BCA will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BCA, PACCAR Inc, or the Site; (b) protect and defend the rights or property of BCA, PACCAR Inc, and this Site; and, (c) under an emergent circumstance necessary to protect someone's personal safety. Otherwise, safeguarding the confidential personal information of registered users is important to BCA and we employ systems, policies and procedures to maintain the accuracy of information and to protect such information from loss, misuse or alteration. When you send confidential personal information, we use encryption technology that helps safeguard your personal information against misuse by unauthorized individuals. Your confidential personal information will not be sold or shared with persons or entities outside the PACCAR family of companies or PACCAR vendors and partners, with the exception of those companies that BCA or PACCAR Inc contracts to handle financial transactions.

Prohibited Uses. You specifically agree not to:

Use the Site to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
Post, store, send, transmit, or disseminate on the website any information or material which a reasonable person could deem to be unlawful;
Upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the Site in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
Post on the Site unsolicited bulk or commercial messages commonly known as "spam;"
Send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a feature of the Site;
Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the Site;
Participate in the collection of e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the Site;
Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the website, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
Register under the name of another person or allow another person to access the Site using your credentials;
Engage in the systematic retrieval of data or other content from the Site, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without BCA's prior written consent;
Capture, rip, download, save, or otherwise create a copy of any content that is shown on the Site without obtaining any required permission of BCA;
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any advice, service or product that may be offered in the Site; or,
Attempt to or actually circumvent any method used by BCA to control access to the Site, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Site through it.

Passwords. You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the Site. Accordingly, you agree that you will be solely responsible to BCA for all activities that occur under your account and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify the BCA Site administrator immediately. The Site Administrator may be contacted by e-mail at training.coordinator@bcakc.com.
Content. The Site will allow you to access information, such as technical advice and written publications regarding PACCAR products. This content is owned or managed by BCA, which grants you a limited license to view the content and to use the Site for the purposes as set forth in these Terms. The materials are copyright protected and you may not distribute copies of the Site content in any form (including by e-mail or other electronic means), without prior express written permission from BCA or as permitted by law.
Submissions by Other Registered Users. Some of the material appearing on the Site may be provided by other registered users. BCA does not claim ownership of any material that users submit or post on the website. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND THAT BCA HAS NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR) ANY MATERIAL THAT YOU CREATE, TRANSMIT, OR DISPLAY WHILE USING THE SITE, AND FOR THE CONSEQUENCES OF YOUR ACTIONS (INCLUDING ANY LOSS OR DAMAGE WHICH YOU MAY SUFFER) BY DOING SO. Further, you agree that, with respect to any communication you submit to us for posting on the Site, you will not: (i) include any content that violates a third party's copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is in the sole judgment of BCA unlawful, obscene, defamatory, libelous, threatening, distasteful, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
License. If you post any content to the Site, you hereby grant BCA a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the Site or the promotion of the Site, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to BCA the license set forth in this section without infringing or violating the rights of any third party.
Links. The Site may contain links to other websites, including websites of PACCAR family companies, dealers, and component suppliers or providers. These other websites may not be operated by BCA and may have their own terms of service that we encourage you to read before you use them.
Exclusion of Warranties. IN NO EVENT SHALL BCA, PACCAR, INC., ITS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, DOWNTIME, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. BCA DISCLAIMS ANY LIABILITY FOR USE OF PACCAR PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED. BCA ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BCA AND PACCAR INC (INCLUDING ITS SUBSIDIARIES, AND AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEY FEES) RESULTING FROM ANY BREACH OF THE TERMS OR UNAUTHORIZED USE OF THIS SITE.
Changes to the Terms. BCA reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, BCA will make a copy of the updated Terms available at this Site. You understand and agree that if you use the Site after the date on which the Terms take effect, BCA will treat your use as acceptance of the updated Terms.
Trademarks. PACCAR and its affiliated company trademarks which may be viewed on this Site are registered trademarks of PACCAR Inc or its subsidiaries. Unless you have agreed otherwise in writing with PACCAR, nothing in the Terms gives you a right to use any of PACCAR's trade names, trademarks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with PACCAR, then you agree that your use of these features shall be in compliance with that agreement. Unless you have been expressly authorized to do so in writing by PACCAR, you agree that in using this Site, you will not use any trademark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these trademarks, names or logos.
Proprietary Rights. You acknowledge and agree that BCA owns all legal right, title, and interest in and to the Site, including any intellectual property rights which subsist in the BCA Site, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
General Legal Terms. The Terms constitute the whole legal agreement between you and BCA and govern your use of this Site, and completely replace any prior agreements between you and BCA in relation to your use of the Site. You agree that BCA may provide you with legal notices by e-mail or regular mail. You agree that if BCA does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BCA has the benefit of under any applicable law), this will not be taken to be a formal waiver of BCA's rights and that those rights or remedies will still be available to BCA. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that BCA shall be a third party beneficiary to the Terms of this agreement and that it shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) it. Other than this, no other person or entity shall be third party beneficiaries to the Terms. The Terms, and your relationship with BCA under the Terms, shall be governed by the laws of the state of Missouri, without regard to its conflict of laws provisions. By using this Site, you consent to the exclusive jurisdiction of the state and federal courts which encompass Jackson County, Missouri in all disputes arising out of or relating to the Terms or the services provided by this Site.