TERMS OF USE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Any use by you of the website operated by Ferrari Tractors / BCS America at www.ferraritractors.com is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to amend these Terms & Conditions and Privacy Statement from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these policies, which shall come into effect once posted. Your continued use of the website will be deemed acceptance of these Terms & Conditions, including our Privacy Statement. BCS America maintains this Site for your personal use, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the website for non-commercial, personal use; provided, however you must also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Site including the text, images, audio and visual for public or commercial purpose without BCS America’s written permission.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.
COPYRIGHT AND TRADEMARKS
All material and marks on this web server is the copyright or trademark of and owned by BCS America LLC unless otherwise acknowledged. Duplication or sale of all or any part of it is not permitted, except, in accordance with the terms of the Copyright, Designs and Patents Act (1988). Permission for any other use must be obtained from BCS America LLC. BCS America makes no express or implied license for use of anything on this website. Electronic or print copies may not be offered, whether for sale or otherwise, to any third party. Links to materials on other servers should not be construed that BCS America LLC claims a copyright or trademark over them. Access to information on this website is provided exclusively for the benefit of customers and potential customers of BCS America LLC. Its content may not be accessed by, or offered whether for sale or otherwise to, any third party.
By posting or contributing content to the this website, you grant BCS America LLC a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the website and/or BCS America LLC’s business services and products, and/or for other non-commercial purposes, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content. By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
ELECTRONIC INFORMATION SUBMITTED THROUGH THIS SITE
Any communication or material other than your personal information submitted to this Web site by electronic mail is the exclusive property of BCS America and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. BCS America shall be free to use them for any purpose whatsoever without restriction or compensation.
NO LIABILITY DISCLAIMER
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, BCS AMERICA LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL BCS AMERICA LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF BCS AMERICA LLC, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
This Web site is primarily for the benefit and use of BCS America’s dealers, customers and potential customers. BCS America is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.
This website may contain links to websites owned or operated by entities or persons other than BCS America LLC. Such links are provided for your convenience only. You understand that BCS America LLC does not and cannot review all material made available through websites linked or linking to any part of this website. You also understand that no such linking implies in any way that BCS America LLC endorses or is affiliated with any third-party website. You agree that BCS America LLC bears no responsibility or liability for any content accessed or harm caused from any third-party website.
BCS America LLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of this website, or any software provided. BCS America LLC reserves the right to modify, suspend, or discontinue the access to the website without any notice at any time and without any notice to you. Failure of BCS America LLC to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. These Terms are governed by the laws of the State of Oregon, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Clackamas County State of Oregon in the event of any dispute of any kind arising from or relating to the website, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
You can direct any questions concerning these Terms and Conditions of Use to:
BCS America LLC
14151 Fir Street
Oregon City, OR 97045
Attention: BCS Legal Dept.
I HAVE READ THE FOREGOING TERMS AND CONDITIONS OF USE. BY ACCESSING THIS WEBSITE, I HEREBY ACCEPT THEM.