PLEASE
READ THESE WEBSITE TERMS OF USE (THESE "TERMS") CAREFULLY. BY
ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE
WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS.
THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO
THE TERMS OF USE POSTED TO THIS SITE FROM TIME TO TIME, AND ANY ACCESS OF THIS
SITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO
SUCH CHANGES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS
THIS SITE.
These Terms
apply only to the use of certain websites which are owned and/or operated by or
on behalf of Kubota Tractor Acceptance Corporation ("KTAC Insurance Agency")
and/or our affiliates ("Kubota") (each, a "Site," and
collectively, the "Sites"), or available through our authorized third
parties, or by any of the other means described herein.
Your use of
the Sites may be further governed by any agreement entered into between Kubota
and the Customer ("Customer") named therein ("Customer
Agreement") governing Customer's accounts with Kubota. In the event of
any inconsistency between the terms of the Customer Agreement and these Terms,
the terms of the Customer Agreement shall control. You also represent and
warrant to Kubota that you are authorized to bind Customer to these Terms.
These Terms
do not apply to any site owned and/or operated by or on behalf of any third
party even if we provide a link to such site on one of our Sites. Please refer
to the terms of use of any such third-party sites for information regarding the
terms and conditions of your use of such sites.
When we refer
to "Kubota," "we," "us" or "our",
we mean Kubota Tractor Acceptance Corporation and/or the specific division,
subsidiary or affiliate that operates the Site, provides its content or
processes information received through it, each as appropriate and applicable.
When we refer
to "you" or "your", we mean the person
accessing the Sites. If the person accessing the Sites acts on behalf of, or
for the purposes of, another person, including a business or other
organization, "you" or "your" also means that
other person, including a business organization.
Kubota values
your interest in our products or Services (defined below) and appreciates your
visit to our Sites. This Site provides general information about Kubota and its
products and Services. Use of this Site is limited to legitimate purposes.
Kubota may, from time to time, introduce new features to this Site, or modify
or delete existing features, in its sole discretion. Kubota shall notify you of
any of these changes to features to the extent Kubota is required by law to do
so. By using any new or modified features when they become available, you agree
to be bound by these Terms concerning such features.
Kubota
reserves the right to modify these Terms at any time without notice, but the
most current version of the Terms of Use will always be available to you by
clicking on the link at the bottom of the Site. Therefore, you should
frequently revisit this Site to determine the present terms and conditions to
which you are legally bound. If you find the Terms of Use unacceptable at any
time, you may discontinue your use of the Services. By continuing to use the
Services after the date of any change to these Terms, including continuing to
access the Site, you agree to be bound by the rules contained in the most
recent version of the Terms of Use. You agree and understand that effective use
of the Site may require your browser to use software plug-ins and modules,
including without limitation JavaScript, in order to correctly display content
and utilize features on the Site. Kubota reserves the right to modify or
terminate the Services and the Site or to terminate your access to the Services
and the Site, in whole or in part, at any time in its sole and absolute
discretion. These Terms constitute a contract between you and Kubota governed
by the laws of the State of California.
We are
committed to protecting your privacy and personal information in accordance
with applicable laws, including but not limited to the Gramm-Leach Bliley Act
(GLBA), California Consumer Privacy Act (CCPA), and other relevant federal and
state data privacy regulations. By using this Site, you agree to the collection
and use of information as outlined in our Privacy Policy, including how we
collect, process, share, and protect your personal data. Users have the right
to access, rectify, delete, or limit the processing of their personal
information. Requests related to personal data should be directed to kcc_g.privacy@kubota.com.
Subject to our Privacy Policy, by providing any such information, comments,
documents, images or general content to Kubota, you grant to Kubota an
unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such information, comments,
documents, images or general content on this Site. You further agree that
Kubota is free to use any ideas, concepts or know-how that you, or individuals
acting on your behalf, provide to Kubota. You hereby agree that any comments,
feedback or recommendations from you for the improvement or modification of this
Site or the products or Services advertised herein shall be the sole property
of Kubota.
Kubota has
the right, in its sole discretion, and without prior notice and from time to
time, to modify these Terms with respect to your access to or use of any of the
Sites. Such modifications and additions shall be effective immediately upon
posting the modified Terms to any Site, which posting shall be deemed notice to
you. If you disagree with the changes to these Terms, you should discontinue
your use of the Sites. Any access to or use of any Site after posting of
modifications or additions to these Terms shall constitute and be deemed to be
your agreement to such modified Terms, therefore, you should frequently revisit
this Site to determine the present terms and conditions to which you are
legally bound.
The
obligations and liabilities you incurred prior to the termination date shall
survive the termination of these Terms for all purposes. In the event of any
such termination, the restrictions on your use of the material on this Site
shall survive such termination, and you agree to be bound by those terms. YOU
ACKNOWLEDGE AND AGREE THAT KUBOTA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY
SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS
SITE.
This Site and
any of the products or Services provided by Kubota in connection with this Site
(the "Services") are being provided to you expressly subject to these
Terms, which govern your use of the Site. "Services" under these
Terms include services, products or information offered to you directly by
Kubota.
Kubota makes
this Site available subject to the terms and conditions set forth herein and
all applicable laws. By accessing, browsing or otherwise using (collectively, "use"
or "using") this Site, you acknowledge that you, the
individual user of this Site, have read, understood and agreed to be legally
bound by these Terms, and to comply with all applicable laws and regulations,
without limitation or qualification. By using this Site, you further
acknowledge that you have the authority to, and do hereby, legally bind the
business entity, if any, which you serve as an agent, independent contractor or
employee thereof to the same Terms, without limitation or qualification. These
Terms shall take effect immediately on your first use of the Site. If you do
not agree to these Terms, you are not authorized to access, browse or otherwise
use this Site.
You warrant
to Kubota that you will not attempt to gain unauthorized access to any Services
offered by Kubota or to computer systems or networks connected to any Kubota
server through hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available by Kubota. When using the Site you agree not to
pretend to be someone else or spoof their identity.
Kubota
employs appropriate technical and organizational security measures. However, no
method of transmission over the internet or method of electronic storage is
100% secure. As such, we cannot guarantee absolute security.
Any access or
attempted access of other areas of Kubota's computer systems, third-party
systems and Services that Kubota utilizes or other information contained
therein for any purpose is strictly prohibited. You agree not to interfere in
any way with others' use of or access to any Site. You are not authorized to
access or query any Site through the use of electronic processes that are
high-volume and automated except as reasonably necessary to use the Services.
You may not use a Site to allow, enable or otherwise support the transmission
of mass unsolicited, commercial advertising or solicitations via e-mail,
telephone, facsimile or otherwise.
Kubota
reserves the right to report any activity that it reasonably suspects violates
any law or regulation, and to disclose any information to law enforcement
officials or regulators or other appropriate third parties.
Certain
portions of this Site are intended to be used only by individuals authorized by
Customer in compliance with its Customer Agreement with Kubota. Such
individuals must use the Username and Password (as defined below) assigned to
them and not those of any other person. If you are not authorized by Customer
for this purpose, or if you are using someone else's login information, you are
deemed an unauthorized user and you should not use this Site. If, nonetheless,
you continue, then by using this Site you undertake and agree that: (1) you
will be personally liable for any and all expenses, costs or damages incurred
by us in investigating or addressing your unauthorized use of this Site (such
obligations shall be in addition to whatever other rights and remedies may be
available to us for unauthorized use); and (2) you will be personally bound to
the terms of the Customer Agreement for the entire debts and other commitments
of Customer, waiving any actual notice or knowledge of the terms of the
Customer Agreement, all without any duties or obligations to you on the part of
Kubota.
Kubota has
the right to modify, suspend or discontinue, temporarily or permanently, this
Site, any products or Services provided by Kubota through this Site, or your
right to access or use any portion of this Site, in Kubota's sole discretion,
at any time and without prior notice, for any reason, including without
limitation: (1) attempts by you (or another party) to gain unauthorized access
to any Site or assist others in attempting to do so, (2) your (or another
party's) disabling of any security features on any Site, (3) your violation of
these Terms, (4) suspected or actual infringement of a third party's
intellectual property rights or (5) requests by law enforcement or other
government agencies.
As a user of
the Site, you have a non-exclusive, non-transferable, limited, revocable
license to use the Site solely for your internal business use; you may not use
the Site for any other purpose whatsoever. Without limiting the previous
sentence, you may not reproduce, modify, distribute, transmit, display,
perform, reproduce, transfer, sell or publish any of the contents of the Site
without the prior written consent of Kubota, which may be withheld, conditioned
or delayed in its sole discretion, except that you may print out a copy of the
content solely for your internal business use. In doing so, you will not remove
or alter, or cause to be removed or altered, any copyright, trademark, trade
name or service mark or any other proprietary notice or legend appearing on any
of the content. You are prohibited from including links from other websites to
the Site without the prior written consent of Kubota, which may be withheld,
conditioned or delayed in its sole and absolute discretion.
In order to
access certain restricted portions of this Site, you may be required to
register on this Site by completing a Registration Form ("Registration
Form"). Kubota may accept or reject any Registration Form in its sole
discretion. You represent and warrant that the information provided when
registering is accurate, complete and current as of the date submitted and that
you will update such information from time to time as necessary. These Terms
shall be incorporated into, and form an integral part of, each Registration
Form. As part of the registration process, you will select a username based on
your e-mail ("Username"), and a password ("Password") to
access the Username. Your Username and Password are your credentials to access the
restricted portions of this Site. You may not have a Username that is vulgar,
attempts to impersonate another person or violates the rights of others. Kubota
may also reject any Username that Kubota determines in its discretion is
unacceptable for use on this Site. Although you are not required to register,
if you do not register, you may be required to accept these Terms each time you
wish to access this Site or a Service.
You are
solely responsible for all use of this Site under your Username and Password
and for maintaining the confidentiality of your Username and Password and will
(i) promptly notify Kubota of any actual or suspected unauthorized use of this
Site, and (ii) ensure that you exit from your account at the end of each
session. If you disclose or otherwise allow discovery of your Username and/or
Password to or by any person(s) or entity, you assume all risks and losses
associated with such disclosure. Please note that Kubota will store a Password
retrieval question and answer, which allows you the ability to retrieve your
Password. If you do not answer the retrieval question correctly within the
stated number of attempts, your Username will be permanently deactivated, and
you will need to re-register on the Site with a new Username and Password, and
your stored preferences will need to be re-entered.
By creating
an account or submitting your email, you consent to receive service-related
communications. You may opt out of marketing emails at any time by following
the unsubscribe link or contacting us at kcc_g.privacy@kubota.com. You may stop receiving Kubota's marketing e-mails by calling (800) 624-7082, or by responding to the opt-out information you receive
in the mail or as set forth in our Privacy Policy.
All contents
of the Sites are © 2017 Kubota Credit Corporation. All rights reserved.
"Kubota," "Kubota Showroom," "Fleet Quent Buyer
Program," "Growing With You," "K1 Manual-Hitch,"
"K3 Auto-Hitch," "Koars," "Kubota Orange Protection
Program and Design," "Kubotalink," "Put 'Em On - Keep 'Em
On," "Safety It's The Way To Live!" and all other names and
logos are either registered trademarks or trademarks of Kubota Credit
Corporation in the United States and/or other countries. All the pages and
screens on the Sites are owned and controlled by Kubota, except as otherwise
expressly stated, and are protected by U.S. copyright laws and international
treaties. The copyrighted materials on the Sites include, but are not limited
to, the text, design, software, images, graphics, source code and content on
the Sites.
All
information and content provided on the Sites, whether explicitly marked or
not, are the property of Kubota, its subsidiaries, affiliated companies or
joint partners, or others, and are subject to U.S. and international copyright
and unfair competition laws and treaties. The information and content provided
include, but are not limited to, the text, graphics, images, source codes,
videos, audio recordings, pages, screens, designs, animations and software,
their related files and their arrangement on the Sites.
All
trademarks, service marks, logos, model and brand names, emblems and
protectable trade dress elements (collectively, "Marks"), including
"Kubota," "Kubota Showroom," "Fleet Quent Buyer
Program," "Growing With You," "K1 Manual-Hitch,"
"K3 Auto-Hitch," "Koars," "Kubota Orange Protection
Program and Design," "Kubotalink," "Put 'Em On - Keep 'Em
On," "Safety It's The Way To Live!" and all other names and
logos, whether explicitly marked or not, used on the Sites are owned by Kubota,
its subsidiaries, affiliated companies or joint partners, or used under
license, and are subject to U.S. (federal and state) and international
trademark and unfair competition laws.
You may not
copy, display, distribute, transfer, link to, reproduce, license, frame, alter,
create derivative works of or republish all or any portion of the Sites for any
commercial or public purpose without Kubota's prior written consent.
You are
authorized to view the information available on the Sites for your
informational purposes only. You may download copyrighted materials for your
personal or internal business purposes only. You acknowledge that you do not
acquire any ownership rights by downloading copyrighted material.
You may not
copy, reproduce, download, upload, post, broadcast, transmit, distribute,
publish, republish or otherwise use any information, content or Marks provided
on the Sites in any form or by any means, or by any information storage or
retrieval system, for any commercial or public use without the express written
permission of Kubota. You may not use, copy, display, distribute, modify or
reproduce any of the Marks found on the Sites except as authorized by these
Terms. You are not permitted to create a hyperlink to any page or portion of
any Site or frame any page or portion of any Site without the prior written
permission of Kubota. You may, however, copy, print or otherwise use the
information, content or Marks provided on this Site, provided that the use is
for your personal, educational or internal business use only and further
provided that you: (1) maintain all copyright and other intellectual property
notices together and intact with any information or content; (2) do not modify
or otherwise alter any information or content; and (3) do not expressly or
implicitly suggest an association with any Services, product, brands or
affiliates through the use of any information or content. Other use of any
information, content or Marks, except as specifically permitted in these Terms
or in a written instrument signed by Kubota, is strictly prohibited.
Nothing
contained in any Site shall be construed as conferring, by implication,
estoppel or otherwise, any license or right to any copyright, patent, trademark
or other proprietary interest of Kubota or any third party.
This Site may
contain links to external or third-party websites. These links are provided for
convenience only. Kubota does not endorse or control these websites and is not
responsible for their content, privacy practices, or security measures. You
access such websites at your own risk. We recommend reviewing their privacy and
cookie policies separately. In the event you choose to use the services
available at a linked site, you agree to read and adhere to the policies and
terms of use applicable to that site. In addition, any advice, opinions or
recommendations provided by the linked site providers are those of the
providers and not of Kubota. Your participation in any linked site, including
payment for and the delivery of goods or services, is based solely on the
agreement, if any, between you and the linked-site provider.
Any use of
the information, content or Marks provided on any Site that does not comport
with these Terms shall be an unauthorized use and subject you to civil and
criminal penalties as provided by U.S. and international intellectual property
laws and other applicable laws.
Kubota makes
no representation that materials, products or Services on any Site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access any Site from other locations do so on their own
initiative and are responsible for compliance with local laws.
For the
avoidance of doubt, the Sites may automatically produce search results that
reference or link to third-party sites throughout the World Wide Web. Kubota
has no control over those sites or the content within them. Kubota cannot
guarantee, represent or warrant that the content contained in any of those
sites is accurate, legal and/or inoffensive. Kubota does not endorse the
content of any third-party site, nor do we warrant that such sites will not
contain viruses or otherwise impact your computer or other access device. By
using the Sites to search for or link to another site, you agree and understand
that you may not make any claim against Kubota for any damages or losses
whatsoever resulting from your use of the Site to obtain search results or to
link to another site. Our inclusion of hyperlinks to such websites does not
imply any endorsement of the material on such websites or any association with
their operators. If you have a problem with a link from this Site, please
notify us at kcc_g.privacy@kubota.com and we will investigate your claim
promptly and take any actions we deem appropriate in our sole discretion.
For the
avoidance of doubt, the Sites may not be used by our visitors for any
commercial purposes other than to inquire about the products or services of
Kubota. You must obtain our express prior written consent to make commercial
offers of any kind on the Sites, whether by advertising, solicitations, links
or any other form of communication. Without limiting the foregoing, you may not
resell or link to other sites for the purpose of selling Kubota products or
Services of any kind without our express written permission. We will
investigate and take appropriate legal action against anyone who violates this
provision, including, without limitation, removing the offending communication
from the Site and barring such violators from use of such Site. We reserve the
right to block access to or cancel any order for any user known or reasonably
believed to be in violation of this provision.
You
understand and agree that in Kubota's sole discretion, and without prior
notice, we may terminate your access to the Sites, cancel any transactions or
exercise any other remedy available and remove any unauthorized Content if we
believe that the Content you provided has violated or is inconsistent with
these Terms or violated the rights of Kubota, another user, or the law, or
constitutes a breach of the Customer Agreement. You agree that monetary damages
may not provide a sufficient remedy to Kubota for violations of these Terms and
you consent to injunctive or other equitable relief for such violations. Kubota
may release user information about you if required by law or subpoena, or if
release of the information is necessary or appropriate to address an unlawful
or harmful activity. Kubota is not required to provide any refund to you if you
are terminated as a User because you have violated these Terms.
Kubota is not
responsible for the products, services, actions or failures to act of any third
party referenced on any Site except as may be set forth in the Customer
Agreement. Without limiting the foregoing, you may report the misconduct of
users and/or third-party advertisers, service and/or product providers
referenced on or included in any Site to us at kcc_g.privacy@kubota.com. We may
investigate the claim and take appropriate action, in our sole discretion.
You agree to
defend, indemnify, save and hold harmless Kubota and its and their respective
licensees, directors, members, shareholders, officers, employees and agents
from and against all liabilities, claims, damages and expenses, including
reasonable attorney’s fees as incurred, arising out of your use of this Site,
including any violation or alleged violation of these Terms, and any losses or
claims arising out of your use of any products or Services you may have
obtained on any of our Sites.
YOU USE
THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK.
ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE
SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND
SPONSORS ON ANY SITE, IS PROVIDED "WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR
HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND
SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED "WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND AND IS USED AT YOUR
OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF
THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO
EVENT WILL KUBOTA OR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES
AND AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR ANY
OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES, OR ANY OTHER HYPERLINKED
SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF
PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR
INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE
THEREOF, EVEN IF KUBOTA OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY
AGAINST KUBOTA OR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND
AGENTS IS TO DISCONTINUE USE OF THE SITES AND ANY HYPERLINKED SITES AND TO
DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THE SITES AND ANY
HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without
limiting the above disclaimers, Kubota and its directors, members,
shareholders, officers, employees and agents: (1) make no warranties or
representations whatsoever concerning this Site or any other Internet site, the
access to, or the availability or use of, this Site or any other Internet site,
the information and content from whatever source posted on or referred to in
this Site or any other Internet site or the accuracy, completeness or
timeliness of such information or content; (2) do not warrant or represent that
your access to, or use of, this Site or any other Internet site will be
uninterrupted or free of errors or omissions, that defects will be corrected,
or that this Site or any other Internet site is, or the information or content
from whatever source available for use or downloading are, free of computer
viruses, worms, Trojan horses or other harmful components; (3) do not represent
or warrant that any Services or products listed on, or accessed through, this
Site will be available for purchase or not withdrawn at any time and make no
representation or warranty of any kind whatsoever concerning such products or
Services; and (4) do not represent or warrant the accuracy, functionality or
specifications or any other aspect of items from whatever source posted or
accessed through this Site.
This Site may
use hyperlinks as a convenience to you so that certain reference material,
Kubota-related subjects and other pertinent material are easily accessible.
Linked and referenced sites may not be operated, controlled or maintained by
Kubota. Hyperlinks and references to other sites, including any Kubota entity,
do not constitute sponsorship, endorsement or approval by Kubota of the
information, content, policies or practices of such linked or referenced sites.
Kubota does not accept any responsibilities for any information or content,
availability, policies, practices or any use of such sites. You access, browse
and use such sites at your own risk.
The above
limitations of liability reflect the allocation of risk between the parties and
will survive and apply even if any limited remedy specified in these Terms is
found to have failed of its essential purpose. The limitations of liability
provided in these Terms inure to the benefit of Kubota and its suppliers and
their respective directors, members, shareholders, officers, employees and
agents.
If,
notwithstanding the limitations of liability above, Kubota or its suppliers are
found liable for any loss or damage which arises out of or in any way connected
with any products or Services or operation of this Site, then such liability
will in no event exceed, in the aggregate, the lesser of (a) the service fees
you paid to Kubota or its suppliers in connection with such transaction(s) on
this Site, or (b) One-Hundred Dollars (US$100.00).
Kubota has no
obligation to update any information or content on any Site. Accordingly,
Kubota and its suppliers assume no responsibility regarding the accuracy of the
information or content provided on any Site. Any use of the information or
content provided on this Site is done at your own risk.
This Site and
any information contained on this Site do not constitute an offer to sell, or
the solicitation of an offer to buy, any securities and must not be relied upon
in connection with any investment decision. Any such information is qualified
in its entirety by the more complete information, including risks of
investment, provided by Kubota, in its sole discretion, to certain qualified
investors who meet certain investor criteria. There is no assurance that we
will achieve any of our investment objectives, and investment results may vary
substantially over time.
These Terms
include the terms and conditions of Kubota's
Privacy Policy. Accordingly, by using this Site, you
affirmatively acknowledge that you have read, understood and agreed to be
legally bound by the terms and conditions of Kubota's Privacy
Policy.
Our websites use cookies and similar technologies to enhance functionality, analyze usage, and support our services. For more information about the cookies we use and how you can manage your preferences, please review our Cookie Policy.
Although
information and content may be available through the Sites, you should not
construe such information and content as expressing the opinions of or
endorsement by Kubota. You alone bear the responsibility of evaluating any
information or content available on the Sites. In exchange for using such
information or content, you hereby agree to release Kubota from any claim and
to not hold Kubota liable for any possible claim for damages arising from any
decision you may make based on information or content available on the Sites.
Kubota
respects the intellectual property of others, and we ask our users and visitors
to do the same. In accordance with the DMCA and other applicable law, Kubota
has adopted a policy of terminating, in appropriate circumstances and in
Kubota's sole discretion, subscribers or account holders who are deemed to be
repeat infringers. Kubota may also in its sole discretion limit access to the
Sites and/or terminate the accounts of any users who infringe any intellectual
property rights of others, whether there is any repeat infringement. If you
believe that an account holder or subscriber is a repeat infringer, please
provide information sufficient for us to verify that the account holder or
subscriber is a repeat infringer when filing your notice.
Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to the Sites' designated agent (see
below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. Kubota will process and investigate notices
(each, a "Notice") of alleged infringement and will take appropriate
actions under the DMCA and other applicable intellectual property laws. Upon
receipt of Notices complying with the DMCA, Kubota will act to remove or
disable access to any material found to be infringing or found to be the
subject of infringing activity and will act to remove or disable access to any
reference or link to material or activity that is found to be infringing.
If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide Kubota the following information in your Notice
(to be effective, the notification must include ALL of the following):
- a physical or
electronic signature of the person authorized to act on behalf of the
owner of an exclusive copyright that is allegedly infringed;
- a description of the
copyrighted work that you claim has been infringed;
- a description of where
the material that you claim is infringing is located on the Site(s);
- your address,
telephone number and e-mail address, and all other information reasonably
sufficient to permit Kubota to contact you;
- a statement by you
that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent or the law; and
- a statement by you,
made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Notices of
claimed copyright infringement should be directed to Kubota's designated agent:
By mail:
Kubota Tractor
Acceptance Corporation
1000 Kubota Drive
Grapevine, TX 76051
Attn: Legal Department
THE PRECEDING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KUBOTA THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR
SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS.
Under
California Civil Code Section 1789.3, California users are entitled to the
following consumer rights notice: If you have a question or complaint regarding
the Site, please contact us in writing at:
Kubota Tractor
Acceptance Corporation
1000 Kubota Drive
Grapevine, TX 76051
Attn: Legal Department
California
residents may contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by mail at:
1625 North
Market Blvd.
Sacramento, CA 95834
Kubota makes
no representation that any content contained in the Sites is appropriate or
available for use in locations outside the United States. Accessing the Sites
in locations where the use of such content is illegal is prohibited. By
accessing the Sites you agree that the statutes and laws of the State of
California, notwithstanding any principles of conflicts of law, will apply to
all matters relating to use of the Sites and that if you use the Sites from any
other location you are responsible for compliance with applicable local laws.
Any claim relating to the Sites shall be litigated in the state and federal
courts having jurisdiction in the State of California, and you hereby consent
to the jurisdiction and venue of those courts. If any part of these Terms is
deemed unlawful, void or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining provisions.
Regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Sites or these Terms must be filed
within one (1) year after such claim or cause of action arose or be forever
barred. The section titles herein are for convenience only and have no legal or
contractual effect.
By using the
Sites, you further agree that you will not use the Sites or any materials
available thereon for any unlawful activity or use them in any way that would
violate any of these Terms.
When
applicable, you further agree, as a condition of using the Sites, to ensure
that all of your principals, agents, employees and independent contractors
adhere to these Terms.
Revised February 13, 2026
