Last Updated: December 20, 2019
YOUR INFORMATION AND DISCLOSURE TO THIRD PARTIES
When you use the Website, you consent to receive communications from us electronically via the Website. You agree to provide accurate, current, and complete information about yourself when you use the Website and to update such information while you continue to use the Website.
Subject to these Terms, Worthington grants you a personal, non-exclusive, non-transferable, limited and revocable license to access the Website for your personal use (“Your License”). Worthington reserves the right to revoke Your License to use the Website at any time, including if we detect any unauthorized use by you in violation of these Terms.
The Website, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Worthington or third parties; all rights, title, and interest will remain the property of Worthington and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized to view and retain a copy of pages of the Website only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Website for the purpose of transacting business with Worthington. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, or any portion of the Website, for any public or commercial use, without the express written consent of Worthington. Additionally, you agree that you (i) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Website (or printed pages produced from the Website), and (ii) will not make any other modifications to any documents obtained from the Website other than in connection with completing information required to transact business with Worthington.
USE OF INFORMATION AND MATERIALS
The information and materials contained on the Website, and the Terms, policies, and descriptions on the Website, are subject to change. You accept sole responsibility for all of your activities using the Website. Your use of the Website is limited to the intended function of the Website. Unauthorized use of the Website and systems, including but not limited to unauthorized entry into Worthington's systems or misuse of any information posted on the Website, is strictly prohibited. You may not use the Website in a manner that:
(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
(b) is unlawful, fraudulent, or deceptive;
(c) uses technology or other means to access content or systems of Worthington in a manner that is not authorized by Worthington;
(d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of Worthington;
(e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(f) attempts to gain unauthorized access to Worthington's computer network or user accounts;
(g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
(h) violates the Terms or any other Worthington policies;
(i) attempts to damage, disable, overburden, or impair Worthington servers or networks;
(j) fails to comply with applicable third-party terms; or
(k) constitutes any other inappropriate conduct, as determined by us in our sole discretion.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Website, communicating with Worthington through the Internet, or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider's, or Worthington's, can experience unanticipated outages or slowdowns or have capacity limitations. Worthington is not responsible for failure or delay of performance caused by such problems.
Worthington makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Worthington is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Website by email to email@example.com. To protect the security of your information, Worthington may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Website.
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Worthington's failure to enforce the strict performance of any provision of the Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the additional terms and conditions.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORTHINGTON MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. WORTHINGTON UNDERTAKES NO OBLIGATION TO UPDATE THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORTHINGTON, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE WEBSITE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE WEBSITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY WORTHINGTON FROM TIME TO TIME WITHIN THE WEBSITE.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Website or violation (or alleged violation) of these Terms. Under no circumstance will Worthington be liable for damages of any kind that result from your use of, or the inability to use, the Website.
You are responsible for reviewing these Terms regularly. Worthington reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Website, the Terms, or any Worthington policies related to use of the Website. Revisions to the Terms or Worthington's policies may be provided through the Website, including by posting the revisions on the Website. Continued use of the Website following such modifications to the Website, the Terms, additional terms and conditions for any service, or other Worthington policies will constitute your acceptance of such modifications and revisions.
THIRD PARTY MARKS
New Idea®, Hesston®, Gleaner®, Farmhand®, AC®, Massey Ferguson®, and Oliver® are registered trademarks of AGCO Corporation • White ™and Field Queen™ are trademarks of AGCO Corporation • Allis-Chalmers™ is a trademark of Allis-Chalmers Corporation • Balzer™ is a trademark of Balzer Inc. • Buffalo™ is a trademark of Bison Industries, Inc. • Case®, Case IH® and New Holland® are registered trademarks of CNH Industrial America, LLC • NH™ is a trademark of CNH America, LLC • Claas®, Lexion®, and Speedstar® are registered trademarks of Claas • Cressoni™ is a trademark of F.lli Cressoni s.p.a. • John Deere® and JD® are registered trademarks of Deere & Company • Kemper™ and Champion ™ are trademarks of Maschinenfabrik KEMPER GmbH & Co. • Harvestec™ is a trademark of Linamar Agriculture Inc. • Ford® is a registered trademark of Ford Motor Company. • Gehl® is a registered trademark of Manitou Americas, Inc. • Walterscheid® is a registered trademark of GKN Walterscheid GmbH • Fox® and Hiniker® are registered trademarks of Hiniker Company • Kinze® is a registered trademark of KINZE Manufacturing Inc.• Kirby™ is a trademark of Kirby Manufacturing, Inc.• Krone® and Big X® are registered trademarks of Bernard Krone Holding, GmbH & Co. KG • Kuhn® and Kuhn Knight® are registered trademarks of Kuhn S.A • Loewen™ is a trademark of Loewen Welding & Manufacturing Ltd. • Vermeer® is a registered trademark of Vermeer Manufacturing Corporation • AT Films® is a registered trademark of At Films, Inc. • CAT® is a registered trademark of CATEPILLAR INC. • Fantini™ is a trademark of Fantini S.r.l. • Drago™ and DragoTec™ are trademarks of Dragotec USA • Gates® is a registered trademark of Gates Corporation • Koyma Klad®, Kooima® Company and the Kooima® starburst logo are registered trademarks of Kooima® Company, Inc. Use of the aforementioned marks is without sponsorship nor endorsement of said parties.
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Worthington Ag Parts. The collective work includes works that are licensed to Worthington Ag Parts. Copyright 2019, Worthington Ag Parts ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with us or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own noncommercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
If you have any questions regarding the Website, these should be directed to