Doosan Bobcat North America (DBNA, our or we) owns, maintains and operates this Site and reserves the right to modify, alter or otherwise update these Terms and Conditions at any time. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified. You should visit this page from time to time to review the then-current terms because they are binding on you.
INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by DBNA or by third parties who have licensed their materials to DBNA and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site or any related software. All software used on the Site is the property of DBNA or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.
BOB-CAT, Ryan and Steiner names and logos are either the registered or unregistered trademarks or trade dress of Doosan Bobcat North America. All product names, logos, brands, and other trademarks featured or referred to within promostore.bobcatturf.com are the property of their respective trademark holders. For example, Honda is a registered trademark of American Honda Motor Co.
All materials and content posted on the Site, including, but not limited to, all text, graphics, photographs, data and images, are the property of, subject to and protected by copyrights owned by Doosan Bobcat North America, One BOB-CAT Lane, Johnson Creek, WI 53038.
USE OF THE SITE
You certify that the information you provide on this Site is accurate and complete. If you place an order on the Site, all billing information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested. You will be responsible for all statements made and acts or omissions that occur with respect to your account. If you believe someone has used your account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time without notice.
DBNA and its affiliates have no liability to you for content on the Site that you find offensive, indecent, or objectionable
THIRD PARTY SITES
References and linked sites, if any, on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third party linked site or any link contained in a linked site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk, DBNA will have no liability arising out of or related to such sites or their content for any damages or loss caused or alleged to be caused by your use and your use will be governed by such third partys terms and policies. DBNA reserves the right to terminate any link or linking program at any time.
PRICING/AVAILABILITY PRICING INFORMATION
All prices on the Site are in U.S. dollars and subject to change at any time. DBNA cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Site. Errors will be corrected as discovered. DBNA reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from DBNA. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
The availability of products on the Site is also subject to change without notice. The inclusion of any products on the Site at a particular time does not imply or warrant that the product will be available at any time.
You acknowledge on occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order may be subsequently cancelled due to unavailability of product. If a product ordered is subsequently back-ordered, you will be notified and if we cannot fulfill your order within a reasonable time, your order may be cancelled. Any payments inadvertently taken will be promptly refunded, and is it is our policy not to charge you for an order until the product is shipped.
ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.
We may make available the ability to purchase or otherwise obtain certain Products through the use of a credit card (a Transaction). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number, security code and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Prior to accepting an order we may also request additional information from you. We may also require verification of information prior to the acceptance and/or shipment of any order. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We also reserve the right to bar you from making any Transaction
If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. It may take several days before the credit appears on your credit card account. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. DBNA may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. You agree to pay all charges incurred by you or on your behalf in connection with the Transaction, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless DBNA and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
DISCLAIMER
We post a variety of materials and information on the Site (collectively referred to as “Materials”). Despite our efforts to provide useful and accurate materials and information, errors may appear from time to time and information may occasionally be inaccurate, incomplete or out of date. Before you act on material or information you have found on the Site, you should confirm any facts that are important to your decision. The Materials on this Site are provided “AS IS” and we make no representation or warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Site. DBNA does not make any representations regarding the use of the Materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction arising out of your use of the Materials on this Site.
The Materials that you read on the Site are provided solely for entertainment and promoting products available in the United States. DBNA makes no representation that Materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable laws. THIS SITE IS PROVIDED BY DBNA ON AN AS IS AND AS AVAILABLE BASIS. DBNA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DBNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DBNA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OFFERED ON THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY DBNA FOR A SPECIFIC PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
If you find a product is not as described, your sole remedy is to return it to DBNA in unused condition. DBNA does not assume any responsibility , and it will not be liable for any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of or browsing this Site or your downloading of any information or materials from this Site.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DBNA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DBNA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABLITY DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITION.
GENERAL
These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of DBNA to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under Pennsylvania law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of the Site must be brought in the state or federal courts of Pennsylvania and you consent to the exclusive personal jurisdiction of such courts.