PRIVACY STATEMENT

 

Introduction

 

Grower Tractors. is committed to providing customers, dealers, and suppliers with the best value products and services in the field and online.  Grower Tractors. recognizes and respects your online privacy. This privacy statement is being provided to you to explain what information Grower Tractors. is collecting from you through your use of this website (this “Site”) and how it uses this information.

This privacy statement applies to information collected through this Site and it does not apply to information that we collect through other means (e.g., other websites or other methods such as telephone calls), or to information collected on any other company or third-party site regardless of whether such site links to or is accessible from this Site. You should carefully read the privacy statements of any other websites.

 

Collection and Use of Information

 

Technical and Usage Information

 

When you visit this Site, it automatically collects certain information about you and your request (e.g., your Internet Protocol (“IP”) address, the content that you request), and other information provided by your browser (e.g., browser name, referral site). This information may be used to improve the content and usefulness of this Site, to understand your usage of the Site and to customize content based on your usage. Additionally, this Site makes use of “cookies”.

 

Interactively Provided Information

 

In addition to the technical data noted above, you may provide personal information through this Site through various forms to inquire about or receive Grower Tractors. events, products, services, offers, and general information. In each case your personal information will be used to fulfill your request (e.g., if you sign up for a newsletter then your information will be used to provide you with a copy of that newsletter). In addition, you have the option to select (i.e., “opt-in”) to receive marketing communications. If you do then your personal information and your Site usage will be used to customize and deliver future communications, including without limitation through email.

 

Questions on forms that are required (as opposed to optional) will be designated by a red asterisk (*).

You may notify us in writing if you do not wish to be marketed to by Grower Tractors. at the address below (please see “Contacting Grower Tractors” below).

 

Disclosures of Information

 

Your personal information will be shared within the Grower Tractors. enterprise globally (e.g., its affiliates and subsidiaries worldwide) and disclosed with the applicable Grower Tractors dealer(s) in the applicable service region(s). We may disclose your personal information to answer your inquiry or to fulfill the purposes of the Site or to service providers to process the information on Grower Tractors behalf. In any case, the disclosure of personal information is only to those with a legitimate business reason to access the information. Notwithstanding the above disclosures, we will disclose personal information when required or permitted by law or according to relevant corporate policies.

Grower Tractors. may also disclose personal information in response to legal process, such as a court order or subpoena, and any personal information that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving Grower Tractors. or its assets.

 

Children

 

We do not want to collect or maintain information from those under the age of 13. No part of this Site is structured to attract anyone under the age of 13. By using our Site, you represent that you are not less than 13 years of age.

 

Security

 

Grower Tractors. cares about the safety and security of your transaction(s) at this Sitee. We redirect visitors to a secure server to transfer and receive certain types of sensitive information, such as credit card information, and take precautions against physical and electronic intrusion to protect against loss, misuse, or alteration of information that we have collected from visitors to this Site.

 

Accessing or Updating

 

Your Information Upon request, and after providing satisfactory proof of identity, individuals will be given reasonable access to and, if appropriate, the option to update or delete the personal information they have provided through this Site.

 

Contacting Grower Tractors.

 

To make a request to access, update or delete your personal information (including to opt-out of future advertising, marketing or opinion poll communications from Grower Tractors.), or for additional information about this privacy statement, please contact us at:

Grower Tractors.

 

Links

 

This Site may contain links to other sites. Grower Tractors. has no control over the information and privacy policies and practices of those websites, and is not responsible for their content, collection and use of information, or freedom from error or viruses. It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving this Site.

 

Changes and Modifications

 

Grower Tractors. reserves the right to change or replace this Privacy Statement at any time. Changes will be posted here before the new Statement becomes effective. Please review this page periodically to remain apprised of our current policies and practices.

 

Legal Statement

 

This Privacy Statement forms part of the Terms & Conditions for use of this Site. You should also review the Terms & Conditions, as your use of this Site and any dispute arising under this Privacy Statement is subject to the terms and conditions contained therein.

 

Your Consent

 

By providing personal information to us, you consent to the collection and use of the personal information in accordance with this privacy statement. This Site is hosted in the United States of America. Since this service is available to individuals in a variety of global locations, you are consenting to transferring your personal information to countries or jurisdictions that may not provide the same level of data protection law the legal jurisdiction in which you are located.

 

COOKIE STATEMENT

 

Cookies

 

When you visit this Site we will send you a cookie. A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.

 

If you do not allow this website to use cookies, then certain features or sections of the Site may not be available to you or may not function as expected. Cookies can also be removed or blocked by following the help directions in your browser.

 

Browser Settings

 

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.

 

Internet Advertising

 

We use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, "cookies"). Cookies enable us to learn about what content you see, what ads you click, and other actions you take on this Site and other sites. This allows us to provide you with more useful and relevant content. We do not associate your interaction with unaffiliated sites with your identity. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads.

 

TERMS OF USE

 

Welcome to growertractors.com, Grower Tractors Group's website.  These growertractors.com Terms of Use (these "Terms of Use") contain the terms and conditions that govern your access to and use of Rhino Equipment websites (the "Site" or "Sites," including www.growertractors.com; all networked websites operated by Grower Tractors and its subsidiaries ("Networked Sites"), and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("Content")).  This is an agreement between you or the entity you represent ("you") and Grower Tractors.  Grower Tractors is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of this Terms of Use without modification.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

 

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time.  Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes.  Please review the most current version of these Terms of Use at any time at http://www.growertractors.com.

 

Networked Websites

 

Grower Tractors uses growertractors.com as an entry into many networked websites operated by Grower Tractors and its subsidiaries ("Networked Sites").  Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites.  If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites.  If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use.  Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

 

Use of Site

 

You may access and use the Sites solely in accordance with these Terms of Use.  You will strictly adhere to all laws, rules, regulations and Grower Tractors policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence.  In addition, you will not:

 

• Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.

 

• Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password "mining" or any other illegitimate means.

 

• Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.

 

• Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Grower Tractors, including but not limited to personal identification or information.

 

• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Rhino Equipment's systems or networks, or any systems or networks connected to any Site or to Grower Tractors.

 

• Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person's use of any Site.

 

• Distribute viruses or any other technologies that may harm Grower Tractors or the interests of property any other person or entity, including any other user of any Site.

 

• Circumvent or manipulate our fee structure, the billing process or fees owed to Grower Tractors, its dealers or its business associates.

 

• Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Grower Tractors on or through any Site.

 

• Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

• Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Grower Tractors or others.

 

Intellectual Property Rights

 

Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:

 

• That Grower Tractors owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("Grower Tractors IP").

 

• That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.

 

• Grower Tractors owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Grower Tractors IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights.  You will undertake any and all action necessary to vest such ownership in Rhino Equipment, including without limitation assigning (and you hereby assign) to Grower Tractors all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.

 

• No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Grower Tractor's express prior written consent.

 

• That all marks that appear throughout the Sites and Content belong to Grower Tractors, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws.  Any use of any of such marks without the express written consent of Grower Tractors or the owner of the mark, as appropriate, is strictly prohibited.

 

• Grower Tractors may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Grower Tractors or others.

 

Grant of License

 

Grower Tractors grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use.  You may not:

 

• Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.

 

• Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.

 

• Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.

 

• Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.

 

• Use any Site or Content in a "service bureau" or similar structure whereby third parties obtain use of any Site or Content through you.

 

• Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

 

Copyright Agent

 

Grower Tractors respects the rights of all copyright holders and in this regard, Grower Tractors has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Grower Tractor's Copyright Agent.

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.

 

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

• Information reasonably sufficient to permit us to contact the complaining party.

 

• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Submissions

 

Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Grower Tractors applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Grower Tractors for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Grower Tractors, or postings on this Site, are non-confidential (subject to Grower Tractors Privacy Policy) and shall become the sole property of Grower Tractors. Grower Tractors shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  The submission of any materials to Grower Tractors, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

 

Privacy

 

When you access or use any Site, it may ask you for optional personal information (including your name and an identifier for your computer).  Grower Tractors collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorized to use this Program, to improve Grower Tractors products and services, and to enable Grower Tractors dealers to understand who within its service territory is using the Sites.  Rhino Equipment may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Grower Tractors dealers.  Grower Tractors will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Grower Tractors may, or you may by using any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located.  By entering such information and/or using any Site, you consent to the collection, processing and transfer of the information by Grower Tractors consistent with this paragraph.  Our privacy statement provides additional information on our data collection and processing practices on the Websites described therein.  We may update our Website Privacy Statement at any time.  Additional or different privacy policies may apply to specific Sites.

 

Interactive Forums and User Materials

 

The Sites may, from time to time, include discussion forums and interactive areas.  Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

 

• Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

 

• Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

 

• Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.

 

• Without Grower Tractor's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

 

• Grower Tractors takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  As a provider of interactive services, if any, Grower Tractors is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

 

Grower Tractors has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Grower Tractors may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials.   Grower Tractors reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.

 

You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.

 

Forward Looking Statements

 

The Sites, and any documents issued by Grower Tractors available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements.  All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements.  Grower Tractor's actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Grower Tractor's Financial’s ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of Grower Tractor's Financial’s customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions, including ERA Mining Machinery Limited, and divestitures, including the divestiture of the Bucyrus International, Inc. distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Grower Tractors Production System; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Grower Tractor's Financial’s compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned "Management's Discussion and Analysis" and "Risk Factors" in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.

 

Press Releases

 

The Content contained within press releases issued by Grower Tractors should not be deemed accurate or current except as of the date the release was posted.  Grower Tractors has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

 

No Warranties

 

Grower Tractors, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE " Grower Tractors PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Grower Tractors PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.  NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

 

Limitation of Liability; Remedy

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Grower Tractors PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF Grower Tractors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES).  THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS.  IN NO EVENT SHALL Grower Tractors TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO Grower Tractors WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

 

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

 

Indemnification

 

You agree to indemnify, defend and hold harmless each of the Grower Tractors Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights.  You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Rhino Equipment Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

 

Termination

 

Grower Tractors, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason.  The license granted herein will automatically terminate without further action of Grower Tractors if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein.  Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content and destroy all copies, full or partial, of all Confidential Information.  At Grower Tractor's request, you will provide Grower Tractors with a written statement signed by you or your duly authorized representative certifying that the all Confidential Information has been so destroyed.   The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.

 

Updating Sites

 

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content.  As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software.  Unless otherwise explicitly stated by Grower Tractors, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.

 

Linked Sites

 

The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Grower Tractor's control, and Grower Tractors is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Import and Export Compliance

 

You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content 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. You represent and warrant that your access and use of the Sites and Content 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 any Site or Content 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.

 

U.S. Government Rights

 

The Sites and Content 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.

 

Contractual Statute of Limitations

 

You agree that you will not assert against Grower Tractors any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

 

Choice of Law; Severability

 

These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws).  Each party submits to the exclusive jurisdiction of the courts of that place.  If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties.  The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.  The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Entire Agreement

 

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites,  and Content and supersedes and replaces all prior agreements.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.  The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

 

Inquiries

 

Should you have any questions concerning these Terms of Use, write to Grower Tractors.