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Terms & Conditions
This page states the Terms and Conditions under which
you, the Web Site visitor ("You") may use this Web Site, which is
owned by Tri-State Bobcat Incorporated ("Tri-State Bobcat"). Please
read this page carefully. By using this Web Site, You agree to be
bound by all of the Terms and Conditions set forth below. If You do
not accept these Terms and Conditions, please do not use this Web
Site. Tri-State Bobcat may, in its sole discretion, revise these
Terms and Conditions at any time, therefore, You should visit this
page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Web Site, such as text,
graphics, images and other content (the "Site Material"), are
protected by copyright under both United States and foreign laws.
The names, marks and logos appearing included in the Site Material
are, unless otherwise noted, trademarks owned by or licensed to
Tri-State Bobcat. The use of these marks, except as provided in
these Terms and Conditions, is prohibited. Tri-State Bobcat
authorizes You to view the Site Material for Your personal use.
Unauthorized use of the Site Material violates copyright, trademark,
and other laws. You may not sell or modify our Site Material or
reproduce, display, distribute, or otherwise use the Site Material
in any way for any public or commercial purpose.
Trademarks
The names, marks and logos appearing in this Web
site are, unless otherwise noted, trademarks owned by Tri-State
Bobcat. Any use of these marks by You, except as provided in these
Terms and Conditions, is prohibited. From time to time, Tri-State
Bobcat makes fair use in this Web Site of trademarks owned and used
by its suppliers and competitors. Any such marks are clearly noted,
and Tri-State Bobcat makes no claim to ownership of those marks.
Limitation of Liability
Although Tri-State Bobcat strives for accuracy in
all elements of the Site Material, it may contain inaccuracies or
typographical errors. Tri-State Bobcat makes no representations
about the accuracy, reliability, completeness, or timeliness of the
material on this Web Site or about the results to be obtained from
using the Web Site. You use the Web Site and its material at Your
own risk.
TRI-STATE BOBCAT
DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
TRI-STATE BOBCAT SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB
SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. TRI-STATE BOBCAT AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
TRI-STATE BOBCAT AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL TRI-STATE BOBCAT, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES
LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRI-STATE BOBCAT IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links
This Web Site contains links to web sites owned by
third parties. These links are provided solely as a convenience to
You and are not an endorsement by Tri-State Bobcat of the contents
on those other sites. Tri-State Bobcat is not responsible for the
content of any linked sites and makes no representations regarding
the content or accuracy of materials on such sites. If You decide to
visit any third-party sites using links from this Web Site, You do
so at Your own risk.
Indemnity
By using this Web Site, You agree to defend,
indemnify, and hold harmless Tri-State Bobcat, its officers,
directors, employees and agents, from and against any and all
losses, claims, damages, costs and expenses (including reasonable
legal and accounting fees) that Tri-State Bobcat may become
obligated to pay arising or resulting from Your use of the Site
Material or Your breach of these Terms and Conditions. Tri-State
Bobcat reserves the right to assume or participate, at Your expense,
in the investigation, settlement and defense of any such action or
claim.
User Submissions
Tri-State Bobcat welcomes your comments on our Web
Site. However, You acknowledge that if You send us creative
suggestions, ideas, notes, drawings, concepts, inventions or other
information (collectively, the "Information"), the Information shall
be deemed, and shall remain Tri-State Bobcat's property. Generally,
any communication which you post to the Web Site or transmit to
Tri-State Bobcat over the Internet is considered to be, and will be
treated as, non-confidential. If particular Web pages permit the
submission of communications which will be treated by Tri-State
Bobcat as confidential, that fact will be clearly stated on those
pages. Without limitation of the foregoing, by submission of any
Information to us, You assign to us and we shall exclusively own all
now known or hereafter existing rights to such Information of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
information.
As a user of this Web site, You are responsible
for Your own communications and are responsible for the consequences
of their posting. Therefore, do not do any of the following things:
transmit to us material that is copyrighted, unless You are the
copyright owner or have the permission of the copyright owner to
post it; send material that reveals trade secrets, unless You own
them or have the permission of the owner; send material that
infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; send material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or entity; send
sexually-explicit images; send advertisements or solicitations of
business; send chain letters or pyramid schemes; or impersonate
another person.
Tri-State Bobcat reserves the right to expel users
and prevent their further access to this Web Site for violating
these terms or the law and reserves the right to remove any
communications from this Site.
Privacy
Tri-State Bobcat does not collect
personally-identifying information about You (such as Your name,
address, telephone number, or e-mail address) unless You voluntarily
submit that information to Tri-State Bobcat through our Contact
page. Any such voluntarily-provided information may be used for our
internal business and marketing purposes and may be disclosed to
third parties for such purposes. Tri-State Bobcat does not use
cookies for data tracking, therefore, the only information we gather
about You is that which you voluntarily submit to us. If at any time
You wish to have personally-identifying information removed from our
database or to make changes or corrections to personally-identifying
information previously submitted by You, please submit your request
in writing to: Tri-State Bobcat Incorporated, 1800 West Highway 13,
Burnsville, MN 55447, Attn: IS Manager, and we will make every
effort to accommodate your request.
Miscellaneous
Tri-State Bobcat does not claim that the materials
on this Web Site are appropriate or may be used outside of the
United States. Access to the Site Materials may not be legal by
certain persons or in certain countries. If You access the Web Site
from outside of the United States, You do so at Your own risk and
are responsible for compliance with the laws of Your jurisdiction.
These Terms and Conditions are governed by the
substantive laws of the State of Minnesota, without respect to its
conflict of laws principles. You agree to submit to the jurisdiction
of the courts situated in the State of Minnesota with respect to any
dispute, disagreement, or cause of action related to or involving
this Web Site. If any provision is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect.
No waiver of any of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or any other term. Except
as expressly provided elsewhere in our Web Site, these Terms and
Conditions constitute the entire agreement between You and Tri-State
Bobcat with respect to Your use of this Web Site.
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