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Terms Of Use

Terms of Use

Web Site Usage

Thank you for visiting www.yanmar-es.com another website of Yanmar America Corporation. This Web site is managed and controlled by Yanmar America Corporation and the Yanmar Group Companies. “Yanmar Group Companies” means all of the companies associated with Yanmar America Corporation that are introduced on this Web site, collectively referred to in this Notice as Yanmar.

Please read this page carefully. By using this Web site, you agree to be bound by all of the Terms and Conditions set forth below and in the Privacy Policy. If you do not accept these Terms and Conditions, please do not use this Web site. Yanmar may, in its sole discretion revise these Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions for any revisions.

Use of Site Material

Yanmar retains and reserves all copyrights in any text, graphic images and other web site content (the “Site Material”) owned by Yanmar. Yanmar authorizes you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this Web site for rebroadcast, or print the information contained therein, without express permission from Yanmar. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Yanmar copyright, patent or trademark.

Trademarks

The names, marks and logos appearing in this Web site are, unless otherwise noted, trademarks owned by Yanmar or used under license. Any use of these marks by you is prohibited.

Disclaimer

The information in this Web site, including text, images, and links is provided “AS IS” BY YANMAR SOLELY AS A CONVENIENCE TO ITS DEALERS AND CUSTOMERS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Yanmar assumes no responsibility for errors or omissions in this Web site or other documents which are referenced by or linked to this Web site. This Web site could include technical or other inaccuracies, and not all products or services referenced herein are available in some countries or regions.

Links

This Web site contains links to Web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Yanmar of the contents on those other sites. Yanmar is not responsible for the content of any linked sites and makes no representations regarding the content accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Web site, you do so at your own risk.

Prohibitions

The following acts are strictly prohibited when using this Web site:

Behavior that causes loss or damage to Yanmar or any third party.
Criminal behavior and behavior that is linked with criminal activity.
Sales activity and etc. not approved by Yanmar.
Spreading of computer viruses and other damaging behavior.
Submission of reports and other communications using another person’s or a fake e-mail address.
Other behavior that Yanmar judges unsuitable.

User Submissions

Yanmar welcomes suggestions, comments and questions relating to this Web site and its products through the Inquiries section of this Web site. Should you choose to respond directly to Yanmar with suggestions, comments, questions, ideas or the like relating to this Web site or Yanmar products and services, you agree that such information shall be deemed as non-confidential and Yanmar shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

Limitation of Liability

IN NO EVENT SHALL YANMAR, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE YANMAR WEBSITE (WWW.THEBULLSERIES.COM), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT YANMAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU FURTHER ACKNOWLEDGE THAT THE USE OF MOTORIZED VEHICLES CAN BE DANGEROUS AND MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE CONCERNING THE OPERATION OF MOTORIZED VEHICLES IS FOR GENERAL REFERENCE AND IS NOT IN ANY WAY A SUBSTITUTION FOR PROFESSIONAL TRAINING. YOUR USE OF ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION AND USE OF A MOTORIZED VEHICLE MAY NOT PREVENT SERIOUS INJURY OR DEATH.

Indemnity

You agree to defend, indemnify and hold harmless Yanmar, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Yanmar Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Yanmara Website. Yanmar shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.

Export Control

The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the Website outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.

California Parts and Accessories Emissions Statement

California law regulates on and off highway vehicle aftermarket parts that have the potential to impact emissions. California law prohibits the installation, sale, and on and off highway use of any emissions-related part unless the part is (1) a replacement part, (2) a modified or add-on part that has received an exemption from the California Air Resources Board (“ARB”) or (3) a part installed on a vehicle used exclusively for closed course competition (i.e., racing).

Replacement Part

A replacement part is generally any aftermarket part intended to replace an original equipment emission-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions.

Add-On or Modified Part

A modified part is any aftermarket part intended to replace an original equipment emissions-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions. An add-on part is any aftermarket part which is not a modified part or a replacement part.

Closed Course Competition Part

A closed course competition part is an add-on or modified part that has not received an exemption from the ARB. A closed course competition part may only be sold and installed on a vehicle that is used exclusively for closed-course competition. California dealers selling closed course competition parts should maintain records of the sale and/or installation, including the date of sale, purchaser name and address, vehicle information and work performed, if applicable.

More information may be obtained at the ARB website – www.arb.ca.gov.

General

You agree that: (i) the Yanmar Website shall be deemed solely based in Georgia; and (ii) the Yanmar Website shall be deemed a passive website that does not give rise to personal jurisdiction over Yanmar, either specific or general, in jurisdictions other than Georgia. This Agreement shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and Yanmar that arises in whole or in part from the Yanmar Website shall be decided exclusively by the court of first instance at the Northern District Court in Georgia. This Agreement, together with the Privacy Policy at https://www.thebullseries.com/help/privacy-policy and any other legal notices published by Yanmar on the Website, shall constitute the entire agreement between you and Yanmar concerning the Yanmar Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Yanmar’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Yanmar reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Yanmar Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

Resolution of Conflicts

The use of this Web site and interpretation and application of the conditions of use are governed by the laws of the State of Georgia. Any conflict arising from the use of this Web site shall be resolved by application to the court of first instance at the Northern District Court in Georgia.