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Terms and conditions

Terms and conditions

 

Welcome to store.vermeer.com. This website (“Site”) is provided by Vermeer Corporation (together, with its subsidiaries, “Vermeer”). By using this Site, or any Vermeer-owned website networked with this Site, you agree to the following terms and conditions:

COPYRIGHT

Unless otherwise specified, all content included in or made available through this Site is the exclusive property of Vermeer. Except for non-commercial, personal use, it may not be distributed, copied or displayed, or reproduced or transmitted, in any form or by any means, mechanical, electronic, photocopying, recording or otherwise, without the prior written permission of Vermeer Corporation. Send your written request to: Vermeer Corporation, Legal Department, 1210 Vermeer Road East, Pella, IA 50219 U.S.A. Non-commercial and personal users must use all pertinent trademark, copyright and other proprietary notices identifying any content as belonging to Vermeer.

TRADEMARKS

This Site contains valuable trademarks owned, licensed and used by Vermeer throughout the world to distinguish its quality services and products. These trademarks are protected under national and international law and are not to be copied or reproduced without the express written consent of Vermeer. All other trademarks not owned by Vermeer are the property of their respective owners.

LICENSE AND ACCESS

Subject to these Terms and Conditions and the applicable terms and conditions for Vermeer products purchased on this Site or from Vermeer or a Vermeer dealer, Vermeer grants you a limited, non-exclusive license to (1) access and make personal and non-commercial use of this Site, or (2) access and use this Site for purposes of purchasing, updating, or using products sold by Vermeer and/or an authorized Vermeer dealer. Vermeer reserves all rights not expressly granted by this limited license. Vermeer reserves the right to modify or terminate this license in its sole discretion. This license shall terminate immediately upon your non-compliance with these Terms and Conditions.

SITE CONTENT

While Vermeer intends the information contained on this Site to be as accurate as possible, Vermeer does not warrant the accuracy or completeness of the information, text, links, graphics or other items contained on this Site to be current or error-free. Vermeer will periodically revise the information, services and resources contained in this Site but is under no obligation to do so or to provide notice. Products shown are for illustrative purposes only and may display optional features, accessories or components. Vermeer reserves the right to make changes to product engineering, design and specifications; add improvements; or discontinue manufacturing or distribution at any time without notice or obligation.

THE MATERIAL ON THIS SITE IS PROVIDED “AS IS.” VERMEER DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL VERMEER CORPORATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED ON, OR OBTAINED THROUGH, THIS SITE.

SITE AVAILABILITY AND MAINTENANCE

Vermeer reserves the right to limit access to this Site or to make this Site or parts of this Site unavailable at any time, for any or all persons or entities. Vermeer shall not be liable in any way if this Site is unavailable for any time or period, regardless of reason. Vermeer further reserves its right to terminate any accounts, usernames or passwords at its discretion.

LINKS TO THIRD-PARTY SITES

This Site may contain links to third-party websites not controlled by Vermeer. Vermeer is not responsible for the contents of any third-party site or any link contained such sites. Links are provided only as a convenience. The inclusion of any link does not imply endorsement of any product, service or party by Vermeer.

ACCOUNT REGISTRATION

To the extent any service or material on this Site requires account registration, you agree to provide information that is correct, current and complete. Any information provided shall be governed by our Privacy Policy. You are solely responsible for maintaining the confidentiality of any password you may use in accessing a non-public area of this Site and for the use of your password, whether or not authorized by you. You agree to notify Vermeer immediately if your account is compromised or becomes subject to unauthorized use.

 

THIRD-PARTY SUBMISSIONS

Subject to the terms of our Privacy Policy and applicable product terms and conditions, all remarks, suggestions, ideas, graphics or other information that you or any other third party communicate to Vermeer through this Site or through a feature accessible by this Site will become and remain the property of Vermeer. This means:

  • Vermeer does not have to treat any such submission as confidential.
  • You cannot claim any rights against Vermeer for the use of the ideas you submit (including, but not limited to, product or advertising ideas).
  • If Vermeer uses submissions (or anything like them), Vermeer does not have to pay you or anyone else for them. Vermeer will have exclusive ownership of all present and future rights to submissions of every kind.
  • Vermeer can use the submissions for any purpose, without compensating you or anyone else for them.

You are fully responsible for the information you submit. You also acknowledge that Vermeer is not liable for any claims relating to the information you or any other third party submit, including, but limited to, defamation, right of privacy or publicity, trademark, copyright or consumer protection claims. While Vermeer may at times monitor or review third-party content on this Site, it is under no obligation to do so. You are prohibited from posting or transmitting any unlawful, threatening, harmful, dangerous, libelous, defamatory, fraudulent, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Vermeer will fully cooperate with any law enforcement authorities or court order requesting or directing Vermeer to disclose the identity of anyone posting any such information or materials on this Site or elsewhere.

PURCHASE TERMS

All items purchased from this Site are purchased pursuant to the terms and conditions applicable to that product and the terms of any purchase at the time of purchase. When purchasing a product, you agree to provide accurate information and not to purchase the product for use by a prohibited party, for use in a prohibited area or for a prohibited purpose.

 

ADDITIONAL SOFTWARE TERMS AND CONDITIONS

In addition to these Terms and Conditions, all terms and conditions for any software product, including any end user license agreements, apply to such products. In the event any terms are contradictory or inconsistent, the terms and conditions applicable to the particular product shall govern.

WARRANTY

The warranty applicable to each product sold or advertised applies to such products. Nothing contained in this Site shall modify any product warranty without express, written consent by an authorized Vermeer employee.

PROHIBITED USES

You may not use this Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail,” "chain letter," "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Vermeer, a Vermeer employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Site, or which, as determined by us, may harm the Company or users of this Site or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair this Site or interfere with any other party's use of this Site, including their ability to engage in real-time activities through this Site.

 

You also agree not to:

  • Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including monitoring or copying any of the material on this Site.
  • Use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of this Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer or database connected to this Site.
  • Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of this Site.

 

GEOGRAPHIC RESTRICTIONS

Vermeer makes no claims that this Site or any of its content is accessible or appropriate in all countries or areas. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.

MODIFICATION AND SEVERABILITY

Vermeer reserves the right to make changes to this Site, these Terms and Conditions and any other applicable policies at any time. Such changes shall be effective immediately upon their implementation. Your continued use of this Site is an acceptance of those changes. Any required notice shall be deemed satisfied by posting to this Site, these Terms and Conditions or the applicable policies. If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that term, condition or modification shall be deemed severable or void and shall not affect the validity and enforceability of any remaining term or condition.


NO WAIVER

Any delay or failure by Vermeer to exercise any right, power or privilege under these Terms and Conditions or any other applicable terms or conditions or agreement shall not operate as a waiver of any such rights, powers or privileges.

DISPUTES

Any dispute or controversy arising out of or in connection with the use of this Site shall be construed in accordance with the laws of the State of Iowa, USA, and the venue for the resolution of any such dispute or controversy shall be in the courts located in Polk County, Iowa USA.

EXPORT COMPLIANCE

It is the express policy of Vermeer to comply with all applicable laws and regulations. Vermeer products, software and technology are subject the U.S. Export Administration Regulations, U.S. Department of Treasury; Office of Foreign Asset Controls and other applicable U.S. export control laws and regulations and once exported these products remain regulated by U.S. Export control laws.