By accessing, or using this internet site (“Site”), you agree to be bound by the following terms and conditions (“Terms”) that are established by Deere & Company (“Deere”), a Delaware corporation with offices at One John Deere Place, Moline, Illinois, 61265, U.S.A., from time to time. This Site is intended for use by Deere, its dealers, its customers, its potential customers, its suppliers, and its other authorized users determined by Deere. If you do not agree to these Terms, please do not use this Site. “Deere Parties” shall mean Deere, its subsidiaries and its affiliates. Affiliates means any of the following: (a) John Deere GmbH & Co. KG, a German entity with offices at John Deere Strasse 70, 68163 Mannheim, Germany, and (b) any entity that controls, is controlled by, or under common control with Deere, where control is established by majority ownership of the voting equity securities of the controlled entity or by the ability to direct the general business affairs of the controlled entity.
2. Revisions to Terms
You acknowledge that, in its sole discretion, Deere may revise the Terms and the Content and materials on this Site at any time and without any prior notice to you. The Terms are subject to change by Deere at any time, effective when posted on the Site or effective as soon after posting as permitted under applicable law. Your continued use after such notice will constitute acceptance by you of such changes.
3. Rights in Content
“Content” refers to any documents, text, images, video, interactive media, logos, symbols software or other materials on this Site. All Content is owned by Deere, its subsidiaries, its affiliates, or its licensors and is protected by copyright, trademark and other applicable laws. Except for the limited rights granted in these Terms, Deere does not grant you any express or implied license or rights in any Content or in any intellectual property rights of Deere, its subsidiaries, its affiliates, its licensors, or its Content providers.
4. Copyright Notice
Unless otherwise noted on any particular Content, footer, header or work on this Site, Content on this Site is copyright © Deere & Company 2011-2016. You agree that all copyright notices or proprietary labels on the Site or Content shall not be deleted, obscured, or modified.
John Deere’s green and yellow color scheme, the leaping deer symbol, and John Deere are some of the trademarks of Deere & Company. You may not use Deere’s name or other trademarks, service marks, logos or symbols (“Marks”) in any advertisement, publication, online, or otherwise without the Deere’s prior written approval, unless authorized under applicable law and at your own risk of compliance with all aspects of applicable law.
6. End User License
Subject to your compliance with the Terms, Deere grants you a non-exclusive, non-assignable, non-sublicensable, non-transferable limited license and rights: (a) to access and display Content for your personal information or for commercial purposes authorized by Deere, solely on your own lawfully-programmed device to the extent that you qualify as an authorized user, and (b) by your registering with a legitimate user-name identifier and password, along with your payment of any required licensing fee for restricted Content in restricted areas of the Site, to access and display restricted Content solely on your lawfully-programmed device as a customer of Deere, its subsidiaries or its affiliates. The right to display Content on the Site excludes the right to publicly display any Content or publicly perform Content to an audience for a fee or for commercial purposes, unless otherwise agreed by Deere in a separate written agreement. Without the express written permission from Deere, you may not retransmit, copy, download, or modify any files from this Site, any Content or any modified versions thereof. Deere reserves all worldwide rights not expressly granted under the Terms. Any other use, copying, reproduction, modification, or distribution of Content of this Site not explicitly permitted herein is prohibited.
7. Marketing Materials
Notwithstanding the above license grant, if Deere permits you to download or print a limited number of product brochures, service brochures, product data sheets, or other marketing materials for your personal informational use, Deere shall expressly identify the applicable marketing materials on the Site, which shall be subject to at least the following restrictions: (a) your use shall be limited to your personal informational use, (b) the copyright notice and any other applicable proprietary notice shall appear on the marketing materials, (c) the marketing materials shall not be modified, and (d) in its sole discretion, Deere may terminate or revoke such permission to use, download, or print the marketing materials at any time without prior notice and may require you to destroy the marketing materials under your control or in your possession. Notwithstanding the above license grant, authorized Deere dealers are permitted to electronically copy certain eligible marketing materials, such as Deere product brochures and any other materials identified in a separate agreement between Deere and such Deere dealer, published on this Site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that the copyright notice, along with any other applicable proprietary notice, appear on the materials and provided that the materials are not modified.
8. License Restrictions
You may not interrupt or attempt to interrupt the operation of the Site or interfere with the proper operation of the Site. You may not create a mirror version of this Site. You may not hack, defeat or circumvent technical measures or security measures on this Site. You shall comply with all applicable laws including the Digital Millennium Copyright Act. You may not data mine, crawl or scan this Site with automated computer equipment, software or communications over the internet or any communications network. In its sole discretion, Deere may restrict the Site or restricted areas of the Site to selected users. Except as permitted by applicable law, you shall not, directly or indirectly, or cause any third party to: (a) sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer any rights in any Content or software available on the Site; (b) translate, reverse engineer, decompile or disassemble any Content or any software available on the Site, (c) alter or remove any copyright or proprietary rights notices or legends appearing on or in the software, documentation or Content. If you download software from this Site as authorized by Deere from a non-public restricted area of the Site, you agree to be bound by any applicable separate software license agreement between you and Deere or its affiliates or licensors. Unless otherwise agreed, the terms and conditions of the separate software license shall supplement the Terms with respect to the licensed rights in the software and associated documentation and shall supersede the Terms if there is a direct conflict between the Terms and the separate software license. In its sole discretion, Deere can limit or terminate your access to this Site or Content without notice. Cumulative with other restrictions in the Terms, use, duplication, or disclosure of Content by the U.S. government, and its agencies, is subject to one or more of the following restrictions: (a) limited rights in Content that qualifies as non-commercial technical data, (b) restricted rights in Content that represents non-commercial computer programs, and (c) commercial license terms and conditions in Content that qualifies as commercial items or commercial computer software, in accordance with applicable regulations, such as the Federal Acquisition Regulations (FAR) or Defense Federal Acquisition Regulation Supplement.
If you link to this Site, in its sole discretion, Deere reserves the right to limit or redirect your link at any time, to delete the page or Content that you link to without prior notice to you. If you link to this Site, you shall not imply that Deere approves or endorses you, your website, your service or product, or any products or services of any third party. You shall not provide any false or misleading information about Deere on any website that you control or maintain. This Site may contain links to non-Deere sites. Any links to non-Deere sites are provided to you only as a convenience. Such linked websites are not under the control of Deere. To the full extent permitted under applicable law, Deere is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by Deere of the site, and Deere shall have no responsibility for information which is referenced by or linked to this Site.
10. Submissions to Deere
You may send to Deere comments, questions, suggestions or ideas (“Submissions”) relating to this Site. If you do provide any Submissions that are not specifically indicated as confidential under a separate written agreement that is mutually accepted, you agree that such information or Submissions sent to Deere is not submitted on a confidential basis and that Deere is not obligated to keep such information or Submissions confidential and that Deere is not obligated to respond. To the maximum extent permitted under applicable law, Deere shall be free to delete, destroy or use the information or Submission you send to Deere in any manner, including but not limited to developing, manufacturing, and marketing products and services based on such information; Deere may also reproduce, disclose and distribute the information in your communication to others without limitation, subject to limiting any disclosure of personal information as required by Deere’s privacy and data statement.
11. Consent on Data Processing and Privacy and Data Statement
If you provide personal information as a Deere customer, your personal information will be treated as set forth in the applicable Deere privacy and data statement, available at http://www.deere.com/privacy_and_data/privacy_and_data_us.page or on the landing page of this Site. For example, you consent to Deere Parties storing, retrieving, managing, and using your personal information for purposes of providing and offering services and products to you, improving the products and services, and offering new products and services. You consent to Deere transferring the Submissions and personal information to a destination outside the European Economic Area (“EEA”) or storing them at a destination outside the EEA for the purposes set forth in these Terms in accordance with the above Deere privacy and data statement and applicable law. Your consent under this Section 11 shall be revocable if required under applicable law and you consent to transfers of your Personal Information between Deere and any Deere Parties, including but not limited to Deere and John Deere GmbH & Co. KG, and any other entities listed on an optional exhibit to this Release for the purposes set forth in these Terms.
12. Product and Services Availability
This Site has been established primarily for the benefit and use of Deere & Company’s dealers, suppliers, customers and potential customers. Not all products or services referred to may be available, and Deere may change or discontinue the products or services described by this Site at any time. This Site may include inaccuracies, and the information in this Site may be changed periodically. Check with your local John Deere dealer before relying on any product-related information or service-related information found in this Site.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE MATERIAL ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Deere, its subsidiaries, its affiliates, its suppliers, its licensors and its content providers shall have no responsibility for errors or omissions in this Site. Deere does not warrant that functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server is free of viruses or other harmful components. These Terms solely apply to the Site and the Content on the Site; the warranties set forth in these Terms do not supersede or revoke any warranties or limitations of liabilities that apply to products and/or services offered or provided by Deere, its affiliates, its suppliers, or its dealers in separate written agreements.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR ANY CONTENT ON THE SITE.
DEERE SHALL HAVE NO OBLIGATION OR LIABILITY IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SITE OR USE OF ANY CONTENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent authorized under the Terms, any material downloaded, uploaded or otherwise obtained through the use of this Site or software is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of this Site or software obtained from this Site.
You are solely responsible for the maintaining the confidentiality of any password you may use in accessing a non-public restricted area of this Site and for the use of your password, whether or not authorized by you. You agree to immediately notify Deere of any unauthorized use of your password.
15. Claims of Copyright Infringement
Content may be made available via the Site or other Deere services by you or by third parties not within Deere’s control. Deere is under no obligation to scan content used in connection with the Site or other Deere services for the inclusion of illegal or impermissible content. However, Deere respects the copyright interests of others. In Deere’s sole and exclusive discretion, it is Deere’s policy not to permit materials that infringe another party’s copyright to remain on the Site or other Deere services. If you believe any materials on the Site or other Deere services infringe a copyright, you may provide Deere with written notice that complies with the Digital Millennium Copyright Act and at a minimum contains:
|(i)||A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;|
|(ii)||Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;|
|(iii)||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;|
|(iv)||Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;|
|(v)||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; and|
|(vi)||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.|
All copyright infringement notices should be sent to Deere’s designated agent as follows:
Deere & Company
Attn: Compliance Department, DMCA Manager
One John Deere Place Moline, IL 61265
It is Deere’s policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
16. Forward Looking Statements
Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995: Certain statements in the Content or on the Site are forward-looking statements that relate to future events, expectations, trends and operating periods involve certain factors that are subject to change, and important risks and uncertainties that could cause actual results to differ materially. Some of these risks and uncertainties could affect particular lines of business, while others could affect all of the Company’s businesses. Deere and its affiliates (“Company”), except as required by law, undertakes no obligation to update or revise its outlook, whether as a result of new developments or otherwise. Further information concerning the Company and its businesses, including factors that potentially could materially affect the Company’s financial results, is included in the Company’s filings with the SEC including the Company’s most recent annual report on Form 10-K and quarterly reports on Form 10-Q.
To the full extent permitted under applicable law, you agree to indemnify, defend and hold harmless Deere and its affiliates and their officers, directors, employees, contractors, and agents, and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms.
18. General Provisions
Unless more specific or detailed agreements or provisions apply to your use, your transactions or your interaction with the Site, the Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Notwithstanding any language to the contrary and subject to applicable law, the Terms shall incorporate by reference the Deere privacy and data statement (consistent with Section 11) and any applicable financial policies between Deere (or its constituents) for any financial services provided by Deere or its subsidiaries or affiliates. If any use, service, or transaction on this Site, requires an account, or a user-name identifier and password, such services or access may be subject to additional terms and conditions that supplement these Terms or that supersede these Terms if there is a direct conflict between the Terms and the additional terms and conditions.
If any term or provision of these Terms are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Any term or provision that is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall be severed from the Terms and the remaining terms and provisions shall remain in full force for purposes of the applicable jurisdiction.
To the full extent permitted under applicable law, the Terms are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.
The parties agree that all matters arising out of or relating to the Terms shall be governed by and construed in accordance with the state and federal laws applicable in the state of New York in the United States of America without giving effect to any choice or conflict of law provision or rule (of New York or any other jurisdiction). To the maximum extent permitted under applicable law, any claim or cause of action arising under these Terms shall be brought only in the federal and state courts located in New York, New York in the United States of America, and the parties hereby consent to the exclusive jurisdiction of such courts. However, any claim arising under consumer protection laws, including but not limited to class action claims, shall be resolved by arbitration in New York in the United States of America in accordance with the then-current rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the above rules. Any award rendered in the arbitration proceeding will be final and binding upon the parties. Any judgment or award of the arbitration may be entered in and enforced in any court of competent jurisdiction. You agree not to institute any claims against the Deere Parties except as provided expressly in the Terms.