Internet Web Site Use Agreement and
Copyright Notice
This Internet Web Site Use Agreement (the "Agreement") is between you and
Dave's Tractor, Inc (the "company") with offices in Red Bluff, California. Your use
of the "company" Internet Web Site (the "Web Site") is subject to the
following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE. Use of the Web Site signifies your unconditional agreement to
the terms and conditions of this Agreement. If you do not agree to these terms
and conditions of use, do not access or otherwise use this Web Site.
(2) The "company" may gather, process and use information and materials
received from you (e.g., name, physical address, e-mail address) or collected
through your use of the Web Site for any lawful reason or purpose.
(3) The "company" reserves the right, at its sole discretion, from time to
time to change, modify, add or remove any portion of this Agreement, in whole
or in part, at any time. Notification of changes in the Agreement will be
posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to U.S.
copyright laws, international conventions and other intellectual property
laws. You will abide by any and all copyright notices, trademark notices,
ownership information or restrictions contained in any Content on the Web
Site. You may download and make copies of the Content and other downloadable
items displayed on this Web Site, provided that you maintain all copyright and
other notices contained in such Content. Copying or storing of any Content on
the Web Site for reproduction, redistribution or publication to third parties
for commercial purposes is expressly prohibited without prior written
permission from the "company". All rights to the "company's" copyrighted
materials not expressly granted herein are reserved by the "company".
(5) The "company", at its sole discretion, may change, suspend or discontinue
any aspect of the Web Site at any time, including the availability of any Web
Site feature, database or Content. "company" may also impose limits on certain
features and services or restrict your access to parts or all of the Web Site
without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post or
transmit to or distribute or otherwise publish through the Web Site any
materials which: (i) restrict or inhibit any other user from using and
enjoying the Web Site; (ii) are unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent; (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law or governmental regulation; (iv) violate, plagiarize or
infringe the rights of third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity or any other proprietary
right; (v) contain a virus or other harmful or destructive elements; (vi)
contain any information, software or other material of a commercial nature;
(vii) contain advertising of any kind; or (viii) constitute or contain false
or misleading indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the "company", and
all its officers, directors, agents, employees, information providers,
affiliates, licensors and licensees from and against any and all liabilities,
claims, penalties, losses, damages, cost and expense (including court costs
and reasonable attorney's fees, interest expense and amounts paid in
compromise or settlement), suits or actions arising out of or resulting from
any breach by you of this Agreement, including the foregoing representations,
warranties and covenants. You shall cooperate as fully as reasonably required
in the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the other World
Wide Web Internet sites and resources operated and controlled by parties other
than the "company". Links to and from the Web Site to such third party sites
do not imply or constitute an endorsement by the "company" of any third party
material or contents.
(9) The "company" does not represent or endorse the accuracy or reliability of
any advice, opinion, statement or other information displayed or distributed
through the Web Site. You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum, or information shall be at your sole risk. The
"company" reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Web Site.
(10) The "company" reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in the "company's" sole discretion are objectionable or in violation of
this Agreement.
(11) THE "company" WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE,
IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE
"company" MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY
HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE
OR ANY LINKED SITE. FURTHER, THE "company" DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE "company" DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED.
THE "company" SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, THE "company" SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO
THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR
ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEDING LIMITATION
MAY NOT APPLY TO YOU.
(12) Some comments and information on the "company" web Site may be based upon
the "company's" current expectations, estimates and/or projections about the
"company's" markets and industries. These statements about the "company" are
forward-looking statements which are not guarantees of future performance and
involve certain risks, uncertainties and assumptions that are difficult to
predict. Therefore, actual outcomes and results may differ from what is
expressed or forecasted. Among the factors that could cause actual results to
differ are uncertainties in competitive pricing pressures, general domestic
and international economic conditions and market demand.
(13) By posting messages, uploading files, inputting data or engaging in any
other form of communication (individually or collectively "Communications") to
the Web Site, you hereby grant to the "company" a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise fully exploit such Communications, in all
media now known or hereafter developed. You hereby waive all rights to any
claim against the "company" for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights and rights
of attribution in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site are not
confidential and that Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to the "company", no
confidential, fiduciary, contractually implied or other relationship is
created between you and the "company" other than pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS
PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE
JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS
AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE
OF CALIFORNIA.
(16) The "company" has a long standing policy that does not allow it to accept
or consider creative ideas, suggestions or materials other than those which
have been specifically requested or otherwise affirmatively solicited by the
"company" in writing. It is the intent of this policy to avoid possible
misunderstandings as to the ownership of creative ideas, concepts, suggestions
or materials. If you send any creative materials, suggestions, ideas, notes,
drawings, concepts or other information (collectively known as the
"Information") to the "company" in printed form, electronic means or
otherwise, the Information shall be deemed to be the property of the "company"
and shall not be subject to any obligations of confidence, non-disclosure or
non-usage. The "company" is hereby entitled to unrestricted usage of the
Information on a worldwide basis without compensation to the provider of the
Information.
(17) This Agreement constitutes the entire agreement between the "company" and
you with respect to your use of and access to the Web Site. This Agreement
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and the "company" with respect to the
Web Site. Use of the Web Site is unauthorized in any jurisdiction that does
not give effect to all of the terms and conditions of this Agreement. Any
cause of action you may have with respect to your use of and access to the Web
Site must be commenced within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to give
legal effect to the intent of the Agreement, and the remainder of this
Agreement shall continue in full force and effect. A printed version of this
Agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this
Agreement or the Web Site to the same extent and subject to the same
conditions as other business documents and records generated and maintained in
printed form by the "company". The failure of the "company" to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor
bar the "company's" right to enforce the provision.Return to the
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