Effective Date: January 1, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. THEY APPLY TO ALL USERS OF THE SERVICES.
Changing Your Information
If applicable, you are responsible for ensuring that information you provide in connection with any account you create using the Services is accurate and up to date. You may change or edit your information by logging into your account.
Provision of Services
You acknowledge and agree that Kubota is entitled to modify, improve or discontinue any of its Services at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you acknowledge and agree that Kubota is entitled to provide Services to you through subsidiaries, affiliated entities, or third-party service providers.
Ownership of Site Content
Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Services and all documentation, data, services, features, products and other content on the Services (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Kubota. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner
Use of Site Content
Subject to any conditioned on your continued compliance with these Terms of , and any other terms and conditions that Kubota may provide to you from time to time, Kubota grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at the Services for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Services.
Reservation of Rights
All rights not expressly granted by Kubota herein are reserved. Nothing on the Services or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that Kubota has the authority to grant any license on behalf of any third party.
Kubota trademarks, the logo, all page headers, graphics, images, symbols, trade names and other Kubota marks found at the Site are the proprietary property of Kubota Tractor Corporation, its affiliates, and subsidiaries (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of Kubota. Marks include, but are not limited to, KUBOTA®, the Kubota Logo, FOR EARTH, FOR LIFE®, the Kubota Orange color, TOGETHER WE DO MORE®, SIDEKICK™, and KUBOTALINK™.
YOU MAY NOT USE THE MARKS IN CONNECTION WITH ANY AUCTION WEBSITE OR ONLINE MARKETPLACE UNLESS OTHERWISE EXPRESSLY AGREED TO BY KUBOTA
Third Party Trademarks
The trademarks of third parties may also appear on the Services from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing in connection with the Services grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that Kubota has authority to grant any right or license on behalf of any third-party trademark owner.
Restrictions, Limitations and Conditions of Use
Any unauthorized use of our Services or Site Content for any purpose is prohibited. Your rights to these Services are given on the condition that you use the Services in accordance with these Terms. You may not use the Services for any unlawful purpose and you may not:
· access, solicit, collect or use any personally identifying information about any other users of the Services or anyone else;
· restrict or inhibit others from using the Services;
· transmit to or introduce at the Services any viruses, harmful software, or other modifications or changes to the Services or reverse engineer, decompile, disassemble, reverse assemble or modify any Site or Services source or object code or any software or other services or processes accessible through any portion of the Site, Services or Site Content (to the extent such restriction is permitted under applicable law);
· submit, upload, email or otherwise transmit any content or other materials, to or through the Services that (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
· engage in any activities that interfere with another user’s access to the Services or the proper operation of the Services; or
· distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use Site Content in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.
Kubota has no obligation to monitor your interaction with the Services, but reserves the right to review or monitor the Services and any user submissions in its sole discretion.
Creating and Terminating Accounts
Some of the features on the Services may require you to register for an account through an online registration process. If you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other rights of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Services using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.
Links to Other Sites
Contest, Sweepstakes and Other Promotions
From time to time, Kubota may conduct promotions on or through the Site or Services, including without limitation, contests, rewards, sweepstakes and other promotions (“Promotions”). Each Promotion may have jurisdictional limitations, additional terms and/or rules of participations (“Promotion Rules”), which will be posted on the Services or otherwise made available to you. The Promotion Rules for each Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements. In the event of a discrepancy between the Promotion Rules and these Terms, the Promotion Rules will govern and control.
Disclaimer, Limitation of Liability, and Indemnification
The materials, Site Content and services offered on the Services are provided “AS IS” and without warranties or conditions of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, conditions and other terms, express, implied, statutory or otherwise, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the Site, Services or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that the Site, Services, server(s), or advertised or Linked Sites will be accessible at all times. We do not warrant or make any representations, warranties or covenants regarding the use of the Services or any information contained therein, including Site Content, with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Services.
To the extent that applicable law may not allow the exclusion of implied warranties or conditions, the above exclusions may not apply to you.
In the event that a court finds the above disclaimer of direct damages to be unenforceable, in no event will Kubota’s total aggregate liability for all damages, including without limitation all claims, losses, liabilities, costs and expenses (including legal fees and expenses) to you related to the Services or Site Content, or these Terms, exceed the lesser of (a) the direct damages suffered by you, or (b) $100.
Documents, information, graphics and other materials appearing on the Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “Kubota Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by the applicable laws of your jurisdiction of residence. None of the Kubota Parties will be liable to you under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the Kubota Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Services or any breach of these Terms by you.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain jurisdictions have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. For example, if you are a New Jersey consumer, certain provisions do not limit or waive your rights as a consumer under New Jersey law. The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state of residence. In any event, Kubota reserves all rights, defenses and permissible limitations under the law of your state or country of residence.
Kubota’s products are sometimes sold by dealers or reseller that are not authorized to do so. Kubota does not guarantee or warrant any of the products sold by unauthorized dealers or resellers. We urge you to use caution when making a purchase from an unauthorized dealer or reseller since many “gray market” products are different in several important respects from the tractors that Kubota makes for the United States, and which Kubota Tractor Corporation sells in the United States
Certain portions of the Kubota Services may permit the purchasing of goods by users. Prices for products sold directly to users by Kubota are not guaranteed. In the event that a product sold to a user directly by Kubota is mistakenly listed at an incorrect price on our Services, Kubota reserves the right to refuse or cancel any order placed for any product listed at the incorrect price. Kubota reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kubota shall issue a credit to your credit card account in the amount of the incorrect price.
Kubota may further permit authorized distributors or other third-parties to advertise and sell products through the Kubota Services, such as through the shop.Kubotausa.com. Web site. Kubota has no control over the pricing of any products sold by third parties and does not set the price for any products sold by such third parties. Any applicable taxes will also be additional. You acknowledge that any purchase made through the Services from a third-party distributor or entity is subject to the pricing and terms of such third party.
The Site may also serve as a platform for certain e-commerce Services (the “E-Commerce Services”). Such portions of the Site are intended to facilitate convenient transactions directly between consumers and dealers or distributors. If you choose to use the E-Commerce Services provided as a platform through the Site, you acknowledge and agree that you are purchasing products directly from (and processing payments through) a third-party Kubota authorized dealer or distributor and not from Kubota or any of its affiliates. Kubota does not sell (or accept returns related to) products you purchase through the E-Commerce Services and is not responsible for the products sold through the E-Commerce Services. As such, Kubota makes no representations as to the completeness, accuracy, reliability, availability, validity, or timeliness of such listings or descriptions; nor is Kubota responsible to you or any consumers for the performance of any authorized dealer with respect to the purchase of a product through the E-Commerce Services or the interactions or communications resulting therefrom. All such purchases are subject to the applicable return policy of the authorized independent dealer and distributor. BY USING THE E-COMMERCE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE RECOURSE WITH RESPECT TO PRODUCTS PURCHASED VIA THE E-COMMERCE SERVICES, THE SERVICE AND MAINTENANCE RELATED TO SUCH PRODUCTS, THE PAYMENT PROCESSING FOR THE PURCHASE OF SUCH PRODUCTS, AND ANY RETURNS, WARRANTY CLAIMS OR OTHER CUSTOMER SERVICE MATTERS WITH RESPECT TO SUCH PURCHASES IS SOLELY THROUGH THE DEALER OR DISTRIBUTOR FROM WHICH YOU PURCHASED THE PRODUCTS AND NOT KUBOTA. To the fullest extent provided by applicable law, Kubota has no responsibility or liability for any dealer or distributor, its products, or any representations made by such dealer or distributor.
Ability to Accept Terms
You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18) and has no intention of collecting any personal data from individual users under 13 years of age without express parental consent. If you are under 18 years of age, then please exit now and do not use this Site.
Choice of Law and Forum
By accessing the Services you agree that the statutes and laws of the State of Texas, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of the Services and that if you use the Services from any other location you are responsible for compliance with applicable local laws. Any claim relating to the Services shall be litigated in the state and federal courts having jurisdiction in Tarrant County, Texas, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OR JURISDICTION OF RESIDENCE.
Limited Time to File Claims
You agree that you will assert any Claim arising out of your use of the Services within one (1) year after the Claim arises, or such claim will be barred.
Severability and Enforceability
If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Services for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.
Provisions relating to Site Content, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, User Submissions, Assignment of Rights, Choice of Law, Jurisdiction, Forum, and Limitations on Time to File Claims, shall survive any termination.
Disclaimer for User-Generated Content
The Site may permit the submission of certain user-generated text, information, images, artwork, data, audio, photographs, files or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by users of the Services. You understand that we do not guarantee any confidentiality with respect to any User Submissions. You further understand that submission of any User Submissions may be subject to additional terms and conditions provided at the time of your submission.
You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) submitting, posting or publishing your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.
You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Site for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Services, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license to use, post, create derivative works of and store User Submissions on our Services and servers and publish, distribute and display such User Submissions and derivative works in connection with the Services and Kubota’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third-party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam;” (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third-party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein. We reserve the right to remove or revise Site Content and User Submissions without prior notice. We also reserve the right to decide whether Site Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms at any time, without prior notice and at our sole discretion.
You understand that when using the Site, you will be exposed to User Submissions and third-party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third-party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site;
3. a description of the location on the Site of the allegedly infringing material(s);
4. your address, telephone number, and e-mail address;
5. a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for notice of claims of infringement is:
Kubota Tractor Corporation
1000 Kubota Drive
Grapevine, TX 76051
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at email@example.com You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the federal court of your jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, we will, in appropriate circumstances, terminate access, at our sole discretion, of any member or user that we find to be a repeat infringer of others copyrights. We may also, in our sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Kubota through the Services are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Kubota shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
Changes to Terms
We may revise these Terms at any time, with or without notice, by updating this page or notifying you of the changes, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Services following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Services, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.
Kubota’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.
If you have any questions or comments on the Services or become aware of misuse of the Site by any person, please contact us at: firstname.lastname@example.org.
These Terms and all associated document and notices are and may be drafted in English, the whole at the express request of both parties.
Exclusions and Limitations; Consumer Protection Notice
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If, for example, you are a New Jersey consumer, the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification; Links to Other Sites; Disclaimer for User Submissions; Choice of Law and Forum; Limited Time to File Claims; Severability and Enforceability; and Geographic Limitations may not limit or waive your rights as a consumer (e.g., under New Jersey law) and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction. In any event, Kubota reserves all rights, defenses and permissible limitations under the law of your state of residence.
If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at email@example.com or by using the mailing information below:
Kubota Tractor Corporation
1000 Kubota Drive
Grapevine, TX 76051