Terms of Use and Legal Notice

These Terms of Use were last updated on 12/11/2017.


PLEASE READ CAREFULLY! 
BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to the Terms of Use for Clark Equipment Company (“we” or “us” or “EarthForce” or “CEC”) website located at www.earthforce.com (this “Website”). By using this Website, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website.

Modifications & Amendments

We regularly update and modify our Website, including these Terms of Use. If we modify or amend these Terms of Use, the changes will be incorporated into this document and will revise the “last updated” date at the top of this webpage. Modifications to these Terms of Use will become effective immediately after they are initially posted on this Website. Please review these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Use constitutes acceptance of those changes.

While we endeavor to keep this Website’s descriptions of our products and related services up to date, you should verify this information with customer support.

Permitted Uses

You may view, use and download small portions of the product descriptions, other data, text, graphics, software, audio and video files and photos on this Website (“Content”) for your informational, non-commercial use, provided that you leave all the copyright, trademark and other proprietary notices intact. You may only use this Website for the purposes expressly set forth in these Terms of Use.  Any other use of this Website is prohibited.  You may only use this Website as permitted by law. We may prohibit your use of this Website if you do not comply with these Terms of Use.  

Prohibited Uses & Rules of Conduct

Certain areas of this Website may permit you to upload or post Content (such as messages and feedback), or to otherwise interact with this Website and its participants. You may only use this Website for lawful purposes. 

You may not use this Website:

(a) for any illegal purpose or in any way that violates any applicable law or regulation; 

(b) to upload, post, e-mail or distribute any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) to upload, post, e-mail or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) without the express permission of the owner of such right; any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from accessing or using this Website;

(d) to copy, sell, resell or exploit for commercial purposes, any portion of this Website in any way that violates these Terms of Use;

(e) to upload, post, e-mail or distribute any Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; 

(f) to forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information; 

(g) to upload, post, e-mail or distribute any Content that contains software viruses, trap doors, hot keys, time bombs or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

(h) to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; 

(i) to use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any Content without our prior express written permission; 

(j) to take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by us in our sole discretion;

(k) to send unsolicited commercial messages or communications in any form (spam); 

(l) to decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of this Website; or

(m) to assist or permit any persons in engaging in any of the activities described above.

 

Each user of this Website further agrees that they are:

(a) responsible for the Content that he or she creates and submits to this Website, and the consequences of its use or submission;

(b) responsible for ensuring that the Content that the user transmits and receives through this Website complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use; and

(c) responsible for ensuring that all Content the user transmits to this Website is accurate, truthful, up-to-date and complete.

 

We may preserve Content and may also disclose Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce these Terms of Use;

(c) respond to claims that any Content violates the rights of third parties; or

(d) protect the rights, property, or personal safety of Website users, the public and us.

User Content

By submitting, uploading, storing, sending or receiving Content of any kind, you give CEC (and those we work with) a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, delete from, add to, distribute and transmit such Content for any purpose, and waive any publicity rights in such Content.  This license continues even if you stop using our services or this Website.

Monitoring Usage & Content

CEC cannot pre-screen all of the Content submitted to this Website.  By using this Website, you agree that CEC cannot be responsible for policing, monitoring or editing such Content. CEC shall have the right, but not the obligation, to monitor Content and use of this Website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies and procedures of CEC. CEC shall have the right in its sole discretion to refuse to post, or to remove, any Content on this Website for any reason. CEC will look into possible violations when information that is sufficient to warrant an investigation is brought to CEC's attention.

Pricing

CEC may choose to list manufacturer suggested retail pricing or promotion pricing of its products and services.  CEC reserves the right to change product prices, specifications or options at any time without prior notice.  The listed prices do not include freight, dealer prep, surcharges, sales tax or options and accessories.  The selling dealer will determine the final sales price.  Pricing is country specific.   

Specifications

Certain specifications are based on engineering calculations and are not actual measurements.  Specifications are provided for comparison purposes only and are subject to change without notice.  Specifications for your individual parts will vary based on normal variations in design, manufacturing, operating conditions, and other factors.

No Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE PURCHASE AGREEMENT, IF ANY, THIS WEBSITE AND ALL CONTENT, PARTS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEMS INTEGRATION OR QUIET ENJOYMENT. CEC AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING INFORMATION BEFORE RELYING ON IT. USE OF THE MATERIALS IS AT YOUR SOLE RISK.

CEC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.  YOUR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THIS DISCLAIMER OF WARRANTIES.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CEC, AND ITS AFFILIATES, AND THOSE WE WORK WITH, FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THIS WEBSITE.  YOU FURTHER AGREE THAT IN NO EVENT WILL CEC, ITS AFFILIATES, AND THOSE WE WORK WITH, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THIS WEBSITE.

EarthForce’s Logo & Trademarks

The "EarthForce™" trademark and logo are trademarks of CEC. Unauthorized use of any CEC trademarks, service marks, or logos may be a violation of federal and state trademark laws.

CEC and/or its licensors own all intellectual property rights in this Website. This Website is protected by U.S. and international copyright laws. Except as expressly described in the “Scope of Use” section above, you may not modify, reproduce, perform or display (a) the content on this Website; (b) the design or layout of this Website, or individual sections of the design or layout of this Website; or (c) CEC trademarks, service marks or logos without our written permission.

Please see this Website for our additional policies, including, without limitation, our procedures relating to Copyright Infringement all of which are incorporated herein by reference.

Links

This Website may contain links to websites operated by other parties. The linked sites are not under the control of CEC, and CEC is not responsible for the content available on any other Internet sites linked to this Website. Such links do not imply CEC's endorsement of material on any other site, and CEC disclaims all liability with regard to your access to such linked sites. CEC provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.

Unless otherwise set forth in a written agreement between you and CEC, you may link to our Website, provided that you adhere to the following: (i) any link to CEC's Website must be a text only link and clearly marked “EarthForce Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with CEC's name and trademarks, (iii) the link must “point” to our home page at the URL www.earthforce.com and not to other pages within the EarthForce Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with CEC, (v) when selected by a user, the link must display the EarthForce Website on full-screen and not within a “frame” on the linking site, and (vi) CEC reserves the right to revoke its consent to the link at any time and in its sole discretion. You must not establish a link from any website that is not owned by you.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Violations

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to this Web Site.

Governing Law and Miscellaneous

The laws of the State of North Dakota shall govern any controversy or claim arising out of or relating to these Terms or Use or this Website, without reference to its choice of law rules. This Website is operated by CEC from the United States of America. We make no representation that the information in this Website is appropriate or available for use in other locations, and access to the EarthForce Website from territories where the content of the EarthForce Website may be illegal is prohibited. Those who choose to access the EarthForce Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between CEC and you with respect to your use of the www.earthforce.com Website.

Arbitration

Any controversy or claim arising out of or relating to these Terms or Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cass County, North Dakota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary in the foregoing, CEC may obtain from a court any interim or provisional relief that may be necessary to protect CEC’s rights or property.

Questions

If you have any questions about our Terms of Use, please contact us at ecomcustomerservice@earthforce.com or 1-888-903-6723 or 888-90-FORCE.

© 2017 Clark Equipment Company. All rights reserved.

©2017 Clark Equipment Company. All rights reserved.