BY ACCESSING OR USING THE TROY-BILT WEBSITE, MOBILE VERSIONS OF THE WEBSITE, AND MOBILE APPLICATION (each individually a
“SITE”) YOU AGREE TO THESE TERMS AND CONDITIONS. Any person or entity who interacts with the Sites is considered to be using the Site. If, at any time, you do not accept all of the Terms, you should stop using the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software to create mobile applications, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Troy-Bilt, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws., applicable international treaties and other applicable laws of the State of Ohio, United States, and international jurisdictions. Except for the limited uses provided in these Terms, Troy-Bilt does not grant you a license or any other right to use any of the content on these Sites.
III. License and Access
Troy-Bilt grants you a limited license to access and make personal use of these Sites. As noted above, we do not grant any right, title, or interest in our Content to you. Use of these Sites is for non-commercial purposes only. You may use Content, and information on Troy-Bilt products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Troy-Bilt for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. Any efforts to access, download, print, post, store or otherwise use the Sites or any of the Content for any commercial purpose, for yourself or for any third party, is a material breach of these Terms.
Any unauthorized use terminates your limited license. Troy-Bilt reserves the right to revoke this limited license at any time for any or no reason. In the event of a breach of these Terms, Troy-Bilt reserves the right to seek all remedies available by law and in equity. Troy-Bilt retains the right at our sole discretion to deny access to anyone to these Sites, at any time and for any or no reason, including, but not limited to, for violation of these Terms.
These Sites are intended for use by individuals 13 years of age or older. If you are under 18 or the age of majority in your jurisdiction, you may use this Site only with involvement of a parent or guardian.
If you use these Sites, you are responsible for keeping your account information confidential.
IV. Prohibited Activity
Users of these Sites shall not:
- Post, transmit, redistribute, upload, or promote any communications, content or materials that are false, illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
- Violate or attempt to violate the security or integrity of the Sites posting or transmitting software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer or device;
- Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
- Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Troy-Bilt server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
- Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any Troy-Bilt related account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Troy-Bilt’s systems or networks, or any systems or networks connected to the Site or to Troy-Bilt.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Troy-Bilt on or through the Site or any service offered on or through the Site.
- Use a false email address, impersonates another person or entity, including Troy-Bilt and its employees or agents, or is otherwise misleading as to the origin of the content;
- Encourage or engage in conduct that would violate a local, state, national or international regulation or law or that would give rise to civil liability;
- Engage in fraudulent activity on the Sites;
- Use any meta tags or hidden text which use Troy-Bilt’s name or marks;
- Use the Sites to offer for sale or advertise goods or services without Troy-Bilt’s written consent;
- Interfere with or attempt to interfere with the Sites, the servers or networks connected to the Sites
- Interfere with or attempt to interfere with another person’s use of the Sites;
- Remove or attempt to remove any of Troy-Bilt’s content from the Sites; or
- Modify or attempt to modify any portion of the Site.
Troy-Bilt is under no obligation to scan its Sites to search for impermissible content. However, Troy-Bilt does not permit copyright infringing activities on these Sites and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. If you are a copyright owner or an agent thereof and believe that any content on this Sites infringes upon your copyrights, you may notify Troy-Bilt by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Troy-Bilt to locate the same;
- Information reasonably sufficient to permit Troy-Bilt to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
You understand and acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
All such notices should be sent to:
Attn: Legal Department
5903 Grafton Road
Valley City, OH 44280
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. UNLESS OTHERWISE SPECIFIED IN WRITING. TROY-BILT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF THE CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TROY-BILT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TROY-BILT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
From time to time, there may be information on these Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer or device, and we cannot guarantee that your computer or device will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.
To the extent permitted by applicable laws, you acknowledge and agree that Troy-Bilt will not be liable for any direct, indirect, punitive, incidental, special, consequential damages arising out of or in any way connected with or arising from the use of these Sites or any content on these Sites.
You also agree that, to the extent permitted by applicable law, you are solely responsible for any material downloaded from or uploaded to the Sites, and any such use of the Sites is done at your own risk. Troy-Bilt will not be responsible for any damage to your computer system, device, or loss of data that results from such conduct.
In addition to all the remaining Terms herein, if you are downloading a mobile application provided by us, you understand that the use of a mobile application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are solely responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto.
You also understand that you may be required to send and receive, at your cost, electronic communications related to the mobile application, including without limitation, administrative messages, service announcements, diagnostic data reports, and mobile application updates, from Troy-Bilt, your mobile carrier or third party service providers. Depending on the terms of your wireless mobile plan, you may incur additional charges from your wireless service provider in connection with your use of the mobile application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the mobile application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the mobile application.
Information regarding the use of text messages as part of the mobile application is included in the Text Message Terms and Conditions, which are incorporated herein.
The mobile application may not work with all devices or all mobile carriers. Troy-Bilt makes no representations that the mobile application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the mobile application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
You are responsible for understanding the Terms and Conditions which may be applicable to your devices. It is also possible that as you download a mobile application, you may be asked to agree to terms in addition to these Terms regarding collection of information, including location information or warranties. If there is a conflict between these Terms and the terms you agree to at the time of downloading, the terms you agree to when downloading the mobile application will control. You understand and acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the downloaded mobile application. You also acknowledge that if you are downloading a mobile application through a digital distribution service such as Apple® iTunes or Google® Play, the respective digital distribution service developer such as Apple® or Google® have an obligation to provide any support or maintenance services in relations to our mobile applications.
A. Conflicting Terms. If there is a conflict between these Terms and the terms and conditions for any sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or promotions will control.
B. Indemnity. You agree to indemnify and hold Troy-Bilt, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Troy-Bilt by any third party due to or arising out of or in connection with your use of the Site.
E. Waiver. Any failure by Troy-Bilt to enforce any provision of these Terms is not to be construed as a waiver of any provision or a waiver of the right to enforce the same.
By visiting our Site, you agree that the laws of the State of Ohio, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
XIV. Dispute Resolution:
- Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to Troy-Bilt’s Customer Service department to allow us an opportunity to resolve the dispute. You and Troy-Bilt each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Term. The AAA Rules and information about arbitration and fees are available online at www.adr.org. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor Troy-Bilt may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.