1. Use of TractorByNet.com
TractorByNet.com and the Content are protected by U.S. and/or foreign copyright laws, and belong to IMC Digital Universe, Inc. or its partners, affiliates or designated third parties. The copyrights in the Content are owned by IMC Digital Universe, Inc. or other copyright owners who have authorized their use on TractorByNet.com. Reproduction of any part of this website without the prior consent of TractorByNet.com is strictly prohibited.
TractorByNet.com is a registered trademark of IMC Digital Universe, Inc. All other trademarks mentioned in the Content of TractorByNet.com are trademarks or registered trademarks of their respective owners. You are prohibited from using any of the trademarks or logos appearing on TractorByNet.com without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links appearing on TractorByNet.com are provided solely as a convenience to you. If you use these links, you will leave TractorByNet.com. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by IMC Digital Universe, Inc. of the third party, the third-party web site, or the information contained therein. IMC Digital Universe, Inc. is not responsible for the availability of any such web sites. IMC Digital Universe, Inc. is not responsible or liable for any such web site or the content thereon.
5. Linking to TractorByNet.com
If you would like to link to TractorByNet.com, you must follow TractorByNet.com’s link guidelines. Unless specifically authorized by IMC Digital Universe, Inc., you may not create links to TractorByNet.com that mirror or frame the home page of TractorByNet.com or any other pages, or in any way mask the identity, logo or URL of TractorByNet.com.
6. Downloading Files
IMC Digital Universe, Inc. cannot and does not guarantee or warrant that files available for downloading through the TractorByNet.com will be free of infection by software viruses or other harmful computer code, files or programs.
7. Discussion Forums & User Generated Content Sections
We are not responsible for, nor do we endorse any material appearing in any forum or user generated content section (including classifieds, reviews, photos, videos, prices and any other Content section) on TractorByNet.com. We do not screen material that is posted or emailed by or to users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove posted materials that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit posted materials for any reason or no reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
You acknowledge and agree that we and our partners will maintain no responsibility whatsoever for an interaction that occurs between you and any other user or member of TractorByNet.com. As between us, our partners and you, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area or via a private message or e-mail exchange, any form of contact information with any user or member of our Sites.
You acknowledge and agree that we and our partners do not endorse the content of any of your email communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content in your email communications, or content in your email communications that infringes or may infringe the intellectual property or rights of another.
You acknowledge and agree that any financial transactions that occur between you and any other user or member of TractorByNet.com are done so at your own risk. TractorByNet.com does not have any knowledge of or review such transactions for legal, ethical or any other issue and explicitly disclaims any and all liability relating to the exchange of money between members.
8. No Personal Advice
The information contained in or made available through TractorByNet.com (including but not limited to information contained on discussion forums, in private messages, in classified ads, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, tractor buying, tractor repair, gardening, farming, financial, medical, or legal matters. In particular, you should regularly consult a professional in all matters relating to the service and/or repair of power equipment. We and our licensors or suppliers make no representations or warranties concerning any attempted operation, service or repair by any person following the information offered or provided within or through TractorByNet.com. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
9. Acceptable User Policy
You may not post on any section, or send to any other forum user or our employee, any material that:
- infringes or violates any copyright, trademark, service mark, patent, trade secret, confidentiality rights or other rights of any third party;
- is abusive, hateful, inflammatory, harmful, tortuous, or racially, ethnically or otherwise objectionable;
- is obscene, vulgar or pornographic;
- you do not have a right to transmit under any law or contractual or other obligation;
- is being used to harass, stalk or otherwise threaten a person;
- is libelous, defamatory or invades any privacy or publicity rights of any third party;
- impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity;
- contains or promotes violence, drug use, illegal gambling or other criminal activity;
- contains any virus, Trojan Horse or any other harmful or disabling software code;
- contains or promotes any materials or information which may violate any law, rule, regulation, ordinance or requirement to which you or we are subject.
Additionally, you may not:
- violate the posted rules & guidelines for a specific section of TractorByNet.com;
- use this site if you are under the age of 13;
- use any discussion forum in a commercial manner;
- choose a user name with is obscene, unlawful or otherwise objectionable;
- post material that solicits funds, or that advertises or solicits goods or services;
- post or transmit material known to be false or misleading;
- Upload, post, email or otherwise transmit through the Services: unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” “surveys,” “polls,” or other forms of solicitation;
- Attempt to gain unauthorized access to other computer systems or networks connected to the Services;
- post or transmit any information, software or other material that contains a virus or other harmful component; or
- use the Sites to transmit any unsolicited messages to any recipient from whom you have not received prior demonstrable consent or in a manner that violates any law or obligation regarding the transmission of email messages.
Violation of this acceptable user policy may result in warning, account suspension, account deletion or any other action deemed necessary by IMC Digital Universe, Inc.
10. License to IMC Digital Universe, Inc.
By posting, uploading, inputting, providing or submitting Content to TractorByNet.com, you grant (or warrant that the owner of such rights has expressly granted or will grant) us a royalty free, irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform, transfer, transmit, and prepare derivative works based on the Content on all forms of media now known or hereinafter developed. You also warrant that you own or otherwise control all of the rights to the Content you have submitted or posted and that the posting and use of such content by us will not infringe the rights of any third party.
You acknowledge and agree that when you upload or post content to TractorByNet.com, that content becomes public content and will be searchable by and available to anyone who visits the Sites.
You are not entitled to any compensation for any materials you post to TractorByNet.com.
11. Email, Private Message and File/Attachment Storage Policies
We reserve the right to establish general practices concerning use of any email, private message services or storage we may provide, including without limitation the rights to disable or terminate a user’s account, to regulate the number of email or private messages you may send, to regulate the maximum size of any email or private message you may send and to allocate the maximum disk space that will be used on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by us.
By visiting our website and discussion forums, or by submitting your e-mail address to our website, you grant us permission to send you e-mail communications, newsletters, product promotions, invitations, account notices, and other e-mail communications until you “opt out” of receiving these communications by clicking an unsubscribe or “opt out” link in a e-mail message received from us.
We and our partners consider email or private messages transmitted via the email service to be the private correspondence of the sender. Neither we nor our partners will monitor, edit, or disclose the contents of your private communications, except that you agree that we and our partners may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of TractorByNet.com and our partners, or others.
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate all or a portion of your access to TractorByNet.com at any time with or without notice and with or without cause.
13. Disclaimer of Warranties
IMC DIGITAL UNIVERSE, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO TRACTORBYNET.COM, THE PRICES OR THE CONTENT. IMC DIGITAL UNIVERSE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO TRACTORBYNET.COM, THE PRICES, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA TRACTORBYNET.COM. IMC DIGITAL UNIVERSE, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY TRACTORBYNET.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES IN THE PRICES OR TractorByNet.com OR WILL BE CORRECTED. IMC DIGITAL UNIVERSE, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. TRACTORBYNET.COM, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
14. Limitation of Liability
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, IMC DIGITAL UNIVERSE, INC.’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on and submissions to TractorByNet.com. You agree to indemnify, defend and hold harmless IMC Digital Universe, Inc., its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use TractorByNet.com, the Prices, or the Content, or any violation by you of this Agreement.
17. Password Security
If you register to become a TractorByNet.com member, all information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
18. Jurisdictional Issues
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. Claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use TractorByNet.com do the same. In appropriate circumstances, we will terminate the registration of any forum user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights. If you believe that any Content shown on or transmitted through TractorByNet.com violates these Terms or your copyright you can report such violation by e-mailing [email protected] In the case of a copyright violation please provide the following information, at a minimum:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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;
- 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;
- 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
- 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.
You may also report a copyright violation by providing the above information to IMC Digital Universe, Inc.’s agent listed below, who is registered as our designated agent with the Copyright Office pursuant to Title 17, United States Code, Section 512(c)(2):
IMC Digital Universe, Inc.
3508 Seagate Way Ste 160
Oceanside, CA 92056
20. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. IMC Digital Universe, Inc. therefore reserves the right to correct any errors, inaccuracies or omissions and to change, update or remove the Content at any time without prior notice. IMC Digital Universe, Inc. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Association and will be arbitrated in San Diego, California. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.
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