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RDO Equipment Co. Terms of Access

Welcome

Welcome to the RDO Equipment Co. website and mobile application, owned and operated by RDO Equipment Co. (“RDO Equipment Co.,” “Company”, “we” or “us”). The RDO Equipment Co. website and mobile application, together with the content, software, services, and functionality offered on or through the website and mobile application, are collectively referred to as the “RDO Equipment Co. Property” in these Terms of Access.

The RDO Equipment Co. Property offers the agriculture and construction equipment, parts, and services your business needs. The purchase of products and services available through the RDO Equipment Co. Property is subject to additional terms and policies found herein. You should review those terms and policies before making a purchase. These Terms of Access (including all documents, policies, conditions and notices) referenced in these Terms of Access) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation.

The Agreement is a legally binding contract between you and RDO Equipment Co. and we make the RDO Equipment Co. Property available to you subject to your agreement to these Terms of Access.  By accessing the RDO Equipment Co. Property in any way, including, without limitation, browsing the RDO Equipment Co. Property, using any information contained on or in the RDO Equipment Co. Property, creating a User Account (defined below), and/or submitting information to RDO Equipment Co., you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of North Dakota law.

Our collection and use of personal information in connection with your access to and use of the RDO Equipment Co. Property, whether or not you are a registered user, is described in our Privacy Policy.

Eligibility

You may use the RDO Equipment Co. Property only if you can form a binding contract with RDO Equipment Co., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the RDO Equipment Co. Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.

User Accounts

In order to use certain features on the RDO Equipment Co. Property, such as viewing your past orders, you may register and create an account on the RDO Equipment Co. Property (your “User Account”) Users may purchase items as a “Guest” and a customer “User Account” is not created.

 You should not use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify RDO Equipment Co. immediately of any breach of security or unauthorized use of your User Account. RDO Equipment Co. will not be liable for any losses caused by any unauthorized use of your User Account.

By providing RDO Equipment Co. your email address you consent to our using the email address to send you service-related notices relating to the RDO Equipment Co. Property, including shipping/order updates, any notices required by law or regarding updates to the Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the RDO Equipment Co. Property and, depending on where you are resident, special offers. If you do not want to receive such email messages, you may opt out or change your preferences at Data Subject Access Request.

Term, Termination

This Agreement shall be effective as of the date you first access, download or use an of the services or information accessed on the site (“Services”) and shall remain in effect for so long as you use or accesses any of the Services (“Term”). RDO Equipment Co. may terminate or suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if RDO Equipment Co. deems that you have violated this Agreement, the law, or for any other reason, or for no reason at all. In such event, you may not register a new User Account or access and use the RDO Equipment Co. Property through a User Account of another user. RDO Equipment Co. assumes no liability for any information removed from the RDO Equipment Co. Property, and reserves the right to permanently restrict access to the RDO Equipment Co. Property. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.

Scope of and Restrictions on Use.

Subject to these Terms of Access, RDO Equipment Co. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use RDO Equipment Co. Property solely for your own non-commercial, legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to RDO Equipment Co. Property (collectively, the “Content”), and (b) download and install the Application on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Your permission to use the RDO Equipment Co. Property is contingent on your compliance with all applicable laws, in addition to agreeing not to:

  • except as otherwise provided in these Terms of Access, copy, download, or store in a retrieval system for any other purpose the Content, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of RDO Equipment Co.;
  • collect information from the RDO Equipment Co. Property using an automated software tool or manually on a mass basis;
  • use automated means to access the RDO Equipment Co. Property, or gain unauthorized access to the RDO Equipment Co. Property or to any Content, account or computer system connected to the RDO Equipment Co. Property;
  • mirror, modify or otherwise alter any Content in the RDO Equipment Co. Property for rebroadcast, or print the information contained therein, without written permission from RDO Equipment Co.;
  • obtain, or attempt to obtain, access to areas of RDO Equipment Co. Property or our systems that are not intended for access by you;
  • “flood” the RDO Equipment Co. Property with requests or otherwise overburden, disrupt, or harm the RDO Equipment Co. Property or our systems;
  • restrict or inhibit other users from accessing or using the RDO Equipment Co. Property;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the RDO Equipment Co. Property or an Application or in the Content;
  • access or use the RDO Equipment Co. Property or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein;
  • lease, sell, copy, sublicense, transfer, or assign any information, intellectual property, goods, or services provided on RDO Equipment Co. Property;
  • gain unauthorized access to RDO Equipment Co. data or the data of other users;
  • alter, modify, adapt, reverse engineer, decompile, disassemble, or hack RDO Equipment Co. intellectual property;
  • alter or modify another website to falsely imply that it is associated with RDO Equipment Co.’s website;
  • use or export RDO Equipment Co. information, products, or services in violation of U.S. export laws and regulations;
  • violate anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user’s jurisdiction;
  • use RDO Equipment Co. Property or Services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct;
  • breach, or attempt to breach, RDO Equipment Co.’s security systems;
  • enable third parties to violate the Terms of Access;
  • dilute, tarnish or otherwise harm our brand in any way;
  • fail to ensure that all end users of RDO Equipment Co. Property are at least 18 years of age or older.

Harm to Others.

  • You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the RDO Equipment Co. Property or exposes or may expose any users or visitors to the RDO Equipment Co. Property to any harm or liability of any sort.
  • If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 Availability of RDO Equipment Co. Property

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the RDO Equipment Co. Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure. We may temporarily restrict the availability of the RDO Equipment Co. Property or certain areas or features thereof with or without notice, though we will make efforts to post notice of scheduled interruptions on the website.

We may, from time to time, update, change, discontinue, enhance and modify the RDO Equipment Co. Property and introduce new features or functionality. You agree that you do not have any rights in the RDO Equipment Co. Property and that RDO Equipment Co. will have no liability to you or any third party if the RDO Equipment Co. Property is discontinued or your ability to access the RDO Equipment Co. Property or any content you may have posted on the RDO Equipment Co. Property is suspended or terminated.

Should you experience a service issue, or have questions related to a service interruption or outage, please contact 701-551-5420.

By accessing or linking to the RDO Equipment Co. Property, you assume the risk that the information on the RDO Equipment Co. Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. RDO Equipment Co. may add, change, discontinue, remove or suspend any of the information, features and other content included in the RDO Equipment Co. Property at any time, without notice and without liability. Due to the open nature of the RDO Equipment Co. Property, and the potential for errors in the storage and transmission of digital information, RDO Equipment Co. does not warrant the accuracy of information contained on or obtained from the RDO Equipment Co. Property.

Updates to the Agreement

From time to time, in its sole discretion, RDO Equipment Co. may update the Agreement. If we materially update any portion of the Agreement, we will notify users by posting a notice to the revised Agreement on our website before the date the update becomes effective. The notice will be posted for 14 days.  We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the RDO Equipment Co. Property. Your continued access or use of the RDO Equipment Co. Property after we publish our changes to the Agreement means that you are consenting to the updated terms.

Hypertext Links

The RDO Equipment Co. Property may include or be linked to third-party technology, services, software applications and other sites that are not maintained by RDO Equipment Co. RDO Equipment Co. is not responsible for the content, privacy, practices or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by RDO Equipment Co. of the linked sites. Your use of any such third-party websites or applications is done at your own risk. RDO Equipment Co. disclaims any and all liability for links: (i) from another site to the RDO Equipment Co. Property, and (ii) to another site from the RDO Equipment Co. Property.

Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the RDO Equipment Co. Property may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms as well as our Privacy Policy. If the rules or terms for a Promotion conflict with the Agreement, the Promotion rules will govern.

Use of and Responsibility for Content

RDO Equipment Co. Content

Content on the RDO Equipment Co. Property that is provided by RDO Equipment Co. or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("RDO Equipment Co. Content") is the property of RDO Working on this. Equipment Co. or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any RDO Equipment Co. Content, and RDO Equipment Co. will take any and all legal action necessary to terminate such activities and otherwise protect its intellectual property rights.

Uploading Images, Reviews and other Content

From time to time on certain areas of the RDO Equipment Co. Property you may be able to submit or transmit to, though, or in connection with the RDO Equipment Co. Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication ("User Content").

By submitting or otherwise transmitting any User Content on or through the RDO Equipment Co. Property, you hereby grant to RDO Equipment Co. a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. Insofar as User Content includes personal information, including. but not limited to, images or photographs of individuals, you agree that such personal information will be used or disclosed for these purposes. RDO Equipment Co. does not guarantee any confidentiality with respect to any of your User Content. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. RDO Equipment Co. is not responsible or liable for the use or misuse of User Content by third parties, including other customers.

You represent and warrant that you own or have a valid license to use and provide to RDO Equipment Co. the User Content submitted, displayed, published or posted by you on the RDO Equipment Co. Property and otherwise have the right (including the necessary licenses and/or permissions from third parties) to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and RDO Equipment Co.’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity

Online Purchases and Other Terms and Conditions.

All purchases made through RDO Equipment Co. Properties or other transactions for the sale of products formed through the Services are governed by the terms that accompany the order. Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Services are incorporated into these Terms of Service. Not all products or services referenced herein are available in all areas. Contact your local RDO Equipment Co. dealer or our Parts or Service Support Centers for further information before relying on any information contained on RDO Equipment Co. Property. RDO Equipment Co. does not collect, store, process, transfer, or otherwise use credit card or other payment information and is not responsible or liable to you concerning any credit card or payment information you provide to complete a payment transaction for your online purchase. All online payment transactions are executed through RDO Equipment’s third-party payment processing vendor. All such transactions are subject to such third-party payment processing vendor’s separate terms and conditions.

Ownership

Intellectual Property Rights

Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against RDO Equipment Co., our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and RDO Equipment Co., we (or our licensors) own the RDO Equipment Co. Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with RDO Equipment Co. and the RDO Equipment Co. Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the RDO Equipment Co. Property. You understand and agree that you have no ownership rights in the User Account or any other account you may have with RDO Equipment Co., or other access to the RDO Equipment Co. Property or features therein. RDO Equipment Co. will take any and all legal action necessary to protect its intellectual property rights.

Trademarks

Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the RDO Equipment Co. Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.

Indemnification

You agree to indemnify, defend and hold RDO Equipment Co., its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your use of RDO Equipment Co. Property, any violation of this Agreement or which arises from the use or misuse of User Content you submitted, posted, or otherwise provided to RDO Equipment Co. or the RDO Equipment Co. Property.

REPRESENTATIONS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS RDO EQUIPMENT CO.’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE RDO EQUIPMENT CO. PROPERTY, THE RDO EQUIPMENT CO. CONTENT, USER CONTENT, OR ANY OTHER RDO EQUIPMENT CO. PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE RDO EQUIPMENT CO. PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

RDO EQUIPMENT CO. MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE RDO EQUIPMENT CO. PROPERTY, THE RDO EQUIPMENT CO. CONTENT, USER CONTENT, OR ANY OTHER RDO EQUIPMENT CO. PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. RDO EQUIPMENT CO. MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. RDO EQUIPMENT CO. DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY RDO EQUIPMENT CO. WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF RDO EQUIPMENT. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.

TH

E RDO EQUIPMENT CO. PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE RDO EQUIPMENT CO. PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RDO EQUIPMENT CO. OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE RDO EQUIPMENT CO. PROPERTY, NOR SHALL RDO EQUIPMENT CO. OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND RDO EQUIPMENT’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE RDO EQUIPMENT CO. PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES OR LEGAL THEORY, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL RDO EQUIPMENT CO., ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE,  THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.

  • USE OF RDO EQUIPMENT CO. PROPERTY, THE SERVICES, THE APPLICATION AND THE CONTENT IS AT YOUR SOLE RISK.

    ARBITRATION AGREEMENT.

    PLEASE READ THIS SECTION CAREFULLY.   IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.

  • Dispute Resolution. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF SERVICE OR YOUR USE OF THE APPLICATION, SERVICES AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. ANY CLAIM WILL BE ARBITRATED IN FARGO, NORTH DAKOTA.
  • Prohibition of Class Actions and Non-Individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. If this specific provision is found to be unenforceable, then neither of us will be entitled to arbitrate our dispute.
  • Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Commercial Arbitration and Mediation Rules (“AAA Rules”), as modified by this Agreement.   The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would.   The arbitrator’s award decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against RDO Equipment Co. prior to the effective date of the amendment. If you do not agree to the amended terms, you may close your account with RDO Equipment Co. and delete the Application from your Mobile Device; however, the amended terms shall apply to any activities under your account prior to closing your account and/or deleting the Application from your Mobile Device.
  • JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RDO EQUIPMENT CO. EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

Cross Reference Information

Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications or product alternative specifications prior to purchase and use to determine suitability of the product for your intended use.

Privacy and Security

On certain areas of the RDO Equipment Co. Property, you may be given the ability to provide RDO Equipment Co. with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the RDO Equipment Co. Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located in our Privacy Policy as well as any additional terms applicable to an individual product, service or promotion. Please read the RDO Equipment Co. Privacy Policy for more information about RDO Equipment’s information collection and use practices, which policy applies to information collected on the RDO Equipment Co. Property and your use of the RDO Equipment Co. Property is subject to that policy.

Additional Terms for Mobile Applications – General

We may make available software to access the RDO Equipment Co. Property via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. RDO Equipment Co. does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

RDO Equipment Co. hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.

You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and RDO Equipment Co. or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. RDO Equipment Co. reserves all rights not expressly granted under this Agreement.

If the Mobile Application is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Application originates in the United States, and is subject to United States export laws and regulations. The Mobile Application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the RDO Equipment Co. Property.

Feedback, Information and Complaints

If you have a comment, question or complaint (“Feedback”) regarding the RDO Equipment Co. Property, please send an e-mail to ECT-general@RDOequipment.com You may also contact RDO Equipment Co. by phone or mail at the contact information provided on the RDO Equipment Co. Property. Please note that e-mail communications will not necessarily be confidential or secure; accordingly you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with RDO Equipment.

With respect to your Feedback you acknowledge that: (i) RDO Equipment Co. receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that RDO Equipment’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) RDO Equipment’s use of any ideas similar to your Feedback, whether based on your User Content, provided to RDO Equipment Co. by third parties, or independently developed or considered by RDO Equipment Co., shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to RDO Equipment Co., the RDO Equipment Co. Property or RDO Equipment’s initiatives.

Miscellaneous

The Agreement will be governed by and construed in accordance with the laws of North Dakota without regard to conflicts of laws principles. By using the RDO Equipment Co. Property, you hereby agree that any and all disputes regarding the Agreement will be subject to the courts located in North Dakota. The Agreement operates to the fullest extent permissible by law. Accessing materials on the RDO Equipment Co. Property by certain persons in certain countries may not be lawful, and RDO Equipment Co. makes no representation that materials on the RDO Equipment Co. Property are appropriate or available for use in locations outside the United States. If you choose to access the RDO Equipment Co. Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

If RDO Equipment Co. fails to act with respect to your breach or anyone else's breach on any occasion, RDO Equipment Co. is not waiving its right to act with respect to future or similar breaches.

If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.   

 

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