Thank you for using this service, which is owned by CNHI LLC or one of its affiliates or subsidiaries (collectively "CNHI," "we," "us" or "our").
September 1, 2017
Your Consent to Other Agreements
Ownership of this Site and its Content
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of CNHI or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The CNHI names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of CNHI (the "CNHI marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the CNHI marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the CNHI marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.
Because we do not control the UGCposted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGCthat you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGCposted, emailed, transmitted or otherwise made available on or through this Site. The UGCposted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of CNHI or any person or entity associated with CNHI.
You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGCyou post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGCthat you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. CNHI has certain rights. We have the right (but do not assume the obligation) to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
- upload, post, transmit or otherwise make available
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
- any UGC that constitutes or encourages activity illegal under criminal or civil law;
- any UGC that is false, misleading, or fraudulent;
- any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any UGC that violates or infringes upon the rights of others, including UGCwhich violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
Removal of Content
Violation of copyrights. CNHI does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
General Counsel, CNHI, 445 Dexter Avenue, Suite 7000, Montgomery, AL 36104
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to CNHI it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information found on the home page of this site. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CNHI, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CNHI, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
CNHI does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized CNHI spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF CNHI. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Third-Party Websites
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Governing Law, Jurisdiction and Venue
The terms "CNHI," "we," "us," and "our" refer to CNHI LLC and its subsidiaries and affiliates.
The term "Content" refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.
The term "Feedback" refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term "including" means "including, but not limited to."
The term "User-Generated Content" or "UGC" means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post using the social networking tools we make available to you and that does not constitute "Feedback."
Terms of Sale
Thank you for your interest in making a purchase through this Site. These Terms of Sale ("Terms of Sale") govern your purchases on this Site.
GENERALLY APPLICABLE TERMS
We do not sell products or services through this Site to persons under the age of 18. If you are under the age of 18, you should ask an adult to make the purchase for you.
All prices are in US Dollars. When you purchase a product or service through this Site, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.
We accept major credit cards and certain digital wallet services.
We will take payment when you place your order. If we are unable to supply the product or service that you have ordered, we will contact you by e-mail or phone, and your payment method will not be charged.
If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product or service at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
These Terms of Sale are personal to you and you may not assign or otherwise transfer any right or obligation under these Terms of Sale except as permitted herein. We reserve the right to transfer, assign, license or subcontract all or any of our rights or obligations under these Terms of Sale or any related contract to any third party.
We will not have any liability to you or be deemed to be in breach of these Terms of Sale from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure)."Force majeure" includes, without limitation, circumstances directly or indirectly resulting from acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; fire; earthquake; water shortage or adverse weather conditions; or other causes beyond the control of the parties.
We reserve the right to make changes to these Terms of Sale at any time. You will be subject to the Terms of Sale in force at the time you place your order with us, unless any change to these Terms of Sale is required to be made by law (in which case it will apply to any orders previously placed by you).
You may be able to purchase through this Site a subscription to one of our print publications and/or to one of our digital products.
For details about your subscription, including payment methods and billing cycles, or to make changes to your subscription, visit the "subscriptions" page or contact us using the information available on the bottom of the home page of this site.
Processing of your payment
We will process your purchase as promptly as possible. There may be a delay in the activation of your subscription while payment details are verified.
If your initial payment authorization is later revoked, your subscription will be terminated. Contact us using the information available on the bottom of the home page of this site.
You agree to the billing frequency stated at the time of your order.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.
We reserve the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription from that point forward.
We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.
ANY SUBSCRIPTION YOU PURCHASE THROUGH THIS SITE WILL RENEW AUTOMATICALLY, UNLESS YOU CANCEL THE SUBSCRIPTION BY CONTACTING US. YOU MAY CONTACT US USING THE INFORMATION FOUND AT THE BOTTOM OF THE HOME PAGE OF THIS SITE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID BILLING FOR THE RENEWAL TERM. WHEN WE RENEW YOUR SUBSCRIPTION, WE WILL USE THE PAYMENT METHOD CURRENTLY ASSOCIATED WITH YOUR ACCOUNT. IN MOST CASES, YOU WILL NOT BE NOTIFIED IN ADVANCE OF IMPENDING RENEWALS.
If your credit card expires or your payment method is otherwise invalid, your subscription or product will not automatically be terminated. You will remain responsible for all charges.
You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.
We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.
We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.
Cancellation and Refunds
Unless specified otherwise, all charges are nonrefundable.
When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.
Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
We reserve the right to suspend or terminate your subscription for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not receive a refund.
MERCHANDISE SALES AND OTHER ORDERS
Every merchandise order that you place on this Site will be subject to acceptance in accordance with these Terms of Sale. The final details of your order will be listed at the end of the checkout process. Following completion of the checkout process, we will send you an email confirming receipt of your order, detailing the products you have ordered. This email is not an order acceptance from us, and your order will not be completed and accepted until it is picked up or delivered. Please inform us immediately if there are any errors in your order.
We reserve the right to cancel any order and/or prevent access to the Site at any time, with or without cause.
Delivery of your Order
We will specify the method of delivery or pick up at the time of your order. In some cases, you may need to arrange for pick-up of your order-for example, when you order tickets to an event you may need to pick them up at our offices or at Will Call. In other cases, we may deliver the order to you via the U.S. Postal Service or other delivery service and we will specify any shipping-related charges at the time you place your order. You are responsible for shipping-related charges.
We do not deliver orders outside the lower 48 United States. We also do not ship to P.O. boxes or addresses other than the billing address of the credit card holder. Any delivery or shipment dates we provide are best estimates only and we shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
Event-related orders (e.g., concert tickets) must be canceled at least 48 hours prior to the event and must be canceled by calling us by using the contact us information found on the home page of this site.
Merchandise orders can be canceled if one of the following criteria was met:
- The customer calls or emails and asks to cancel an order that has not yet been delivered or picked up.
- All items on the order are currently unavailable.
- Your order does not comply with these Terms of Sale.
In the event that your order is canceled, the payment method used to process the order will not be charged.
We do not refund ticket and other event-related purchase after the event has taken place.
We stand behind our merchandise and want you to be completely satisfied. If you are not completely satisfied for any reason, please return your merchandise within 21 days of receipt for a full refund of the purchase price. Returned merchandise must be unopened and must be returned in the original packaging. If your item arrives damaged, please keep all boxes and packing materials and immediately contact us by using the contact us information found on the home page of this site. If we accept your return, we will apply your refund, less shipping and handling, to the original form of payment. If you would prefer an exchange, please let us know.
If you have any questions about these Terms of Sale or any other matter, please contact us by using the contact us information found on the home page of this site.