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Privacy, Data and Terms of Use Policies
C & B Operations, LLC
Last modified: 08/21/2023
C & B Operations, LLC, and our subsidiaries and corporate affiliates ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.cbequipment.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
· On this Website.
· In email, text, and other electronic messages between you and this Website.
· Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
It does not apply to information collected by:
· The Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
· Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, must not to use our Website. By accessing or using this Website, you agree to all the terms and conditions of this Privacy Policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
This Website is designed to offer goods and services to residents of the United States and we do not knowingly collect information from any European Union data subject. If you are a European Union data subject, or a resident of any other country other than the United States, please do not submit your information to or use the Website.
Children Under the Age of 13; Minors
Our Website is not intended for children under 13 years of age, and we do not sell any products or services through the Website to minors. No one under age 13 is permitted to provide any information to or on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website. If we are advised in writing that we have collected or received Personal Information from a child under 13 without verification of parental or guardian consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
· By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline ("Personal Information");
· That is about you but individually does not identify you; and/or
· About your internet connection, the equipment you use to access our Website, and Website usage details.
We collect this information:
· Directly from you when you provide it to us.
· Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
· From third parties, for example, our business partners.
The information we collect on or through our Website may include:
· Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
· Records and copies of your correspondence (including email addresses) if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
· Your search queries on the Website.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
· Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is only statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third-parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
· Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
· Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.
Do Not Track Signals
The Website does not respond to Do Not Track signals at this time. If a user has the Do Not Track option enabled, the Website will not track and analyze your behavior on the Website. However, third-parties affiliated with the Website through advertising and other relationships may not respond to Do Not Track signals. We are not responsible for third-party affiliates’ response to Do Not Track signals. Users should check third-party privacy policies to determine how they respond to Do Not Track Signals. For more information about your rights to your data, see the “Your Rights” section below.
California Residents’ Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third-parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
We use information that we collect about you or that you provide to us, including any Personal Information:
· To present our Website and its contents to you.
· To provide you with information, content, products, or services that you request from us or which we believe you may be interested in receiving.
· To fulfill any other purpose for which you provide it.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Website or any products or services we offer or provide though it.
· In any other way we may describe when you provide the information.
· For any other purpose to which you consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect, or you provide, as described in this privacy policy:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We may also disclose your Personal Information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request and collaborate with law enforcement agencies.
· To enforce or apply our Terms of Use, including for billing and collection purposes or intellectual property claims, and establish or exercise our rights to defend against legal claims.
· To investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues.
· To prevent harm to the rights, property or safety of us, our users, yourself or any third party.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of C & B Operations, LLC, or its subsidiaries or corporate affiliates, our customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. You have the following options regarding your information:
· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent (for more about cookies, see below). If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
· Third-Party Information. We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. https://optout.networkadvertising.org/?c=1
Accessing and Correcting Your Information. You can review and change your Personal Information by logging into the Website and visiting your account profile page or contacting the Company at [email protected].
· You may also:
· Send us an email at [email protected] to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
· Receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with supplementary information.
· Receive a copy of Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format.
· Request rectification of your Personal Information that is in our control.
· Request erasure of your Personal Information.
· Object to the processing of Personal Information by us.
· Request to restrict processing of your Personal Information by us.
· Lodge a complaint with a supervisory authority.
· Opt-out of the selling or sharing of your Personal Information, if applicable.
· Limit the use and disclosure of sensitive personal information, if any, collected by us about to only those uses and disclosures required for the Company to provide the services.
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements unless otherwise restricted by law.
Under the California Consumer Privacy Act of 2018, as amended (“CCPA”), among other rights, California consumers (“CA Consumer”) have the right to:
· Know about the Personal Information we collect about them and how it is used and shared. The CA Consumer may request a report about the Personal Information that is collected, how it is collected, reasons for its collection, and with whom the information is shared or sold for the prior 12 months;
· Correct inaccurate Personal Information that we have about the CA Consumer. The CA Consumer can correct their information, or may request us to correct it for them;
· Request that we delete any personal data about the CA Consumer that we have collected, and to tell our service providers to do the same, (with some exceptions);
· Opt-out of the selling or sharing the CA Consumer’s personal data;
· Limit the use and disclosure of sensitive Personal Information collected by us about the CA Consumer to only those uses and disclosures required for us to provide the services; and
· Non-discrimination for exercising their rights under the CCPA; we cannot deny the services, charge a CA Consumer a different price, or provide a different level of Services to a CA Consumer that exercises their rights under the CCPA. However, if CA Consumer refuses to provide certain information that is necessary for us to provide the services, we may not be able to provide the CA Consumer with the services in whole or in part.
If you wish to exercise any of the aforementioned rights, or receive more information, please contact our office at [email protected].
We have implemented administrative, physical, and technical safeguards designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
By providing information to us or using our Website, you are consenting to our use of your data as outlined in this Privacy Policy.
If we make material changes to how we treat our users' Personal Information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
101 South Reid Street, Suite 204
Sioux Falls, South Dakota 57103
or call:
(605) 607-5200
Terms of Use
Acceptance of the Terms of Use
Updated: 7/2023
These terms of use are entered into by and between you as the user of the www.cbequipment.com website or C & B Operations, LLC, services (“you,” “your”), and C & B Operations, LLC, and its subsidiaries and corporate affiliates (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.cbequipment.com, including any content, functionality, and services offered on or through www.cbequipment.com (the “Website“), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.cbequipment.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 13 years of age or older, and are residence of the United States or any of its territories. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are prohibited from accessing or using the Website and you must cease using the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You have the responsibility to check the Website Terms of Use from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You confirm that you will fully comply with all applicable laws governing the privacy and security of personally identifiable information, including but not limited to the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), the California Consumer Protection Act (Cal. Civ. Code 1798.199) (“CCPA”), and the California Privacy Rights Act of 2020 (“CPRA”), as applicable, and that if you do provide personally identifiable information, such information has been obtained through and for lawful purposes and consistent with such laws. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including but not limited to if, in our opinion there is a security threat, threat of a data breach, or that you have violated any provision of these Terms of Use.
You acknowledge that Company exercises no control over the information passing through your equipment, network, and sites and that it is your sole responsibility to ensure that the information that you or any third party transmit(s) and receive(s) is for legitimate business purposes and complies with all applicable laws and regulations.
You shall encrypt, at the application level, your confidential information and all other data that is considered sensitive data or that must be treated as confidential under state or federal law or under any of your contractual obligations to others. This includes, but is not limited to, Social Security Numbers, financial account numbers, driver’s license numbers, state identification numbers, Protected Health Information (as that term is defined in Title II, Subtitle F of the Health Insurance Portability and Accountability Act, as amended (HIPAA) and regulations promulgated there under) and Nonpublic Personal Information (as that term is defined in Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley) and regulations promulgated there under).
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website only for your personal use or legitimate business purposes relating to your role as a potential or current supplier or customer of ours. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except for legitimate business purposes relating the your role as a potential or current supplier or customer of ours.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the term Real Tractors are Green®, the Company logo, and all related names, logos, product and service names, designs, and slogans are all trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, and to abide by any terms of the Privacy Policy applicable to you.
Online Purchases and Other Terms and Conditions
All purchases through our Website or other transactions for the sale of goods through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to the Company’s Website homepage, provided you do so in a way that is fair and legal and does not violate the Company’s or any third-party’s intellectual property rights, damage the Company’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that may enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with these and any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains third party links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and to that third-party’s privacy policy.
Geographic Restrictions
The owner of the Website has its principal office based in the State of South Dakota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. You are not authorized to access the Website from outside of the United States or if you are not a United States citizen; If you do access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any links to other sites or files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing reasonable physical, technical, and administrative safeguards, and sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY LINKS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY LINKS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY LINKS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL COMPANY’S COLLECTIVE AGGREGATE LIABILITY FOR ANY CLAIMS OR LOSSES (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY) EXCEED THE AGGREGATE AMOUNT PAID OR PAYABLE TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE LAST EVENT UNDER THE PRODUCT AGREEMENT WHICH GAVE RISE TO THE CLAIM(S).
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective owners, officers, governors, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your negligent, reckless, or willful acts or omissions, or your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products that give rise to infringement, or use other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota, in each case located in the City of Sioux Falls and County of Minnehaha. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Disputes; Arbitration
If a dispute arises between the parties related to these Terms of Use or the Website, the parties agree engage in direct discussions in good faith to attempt to resolve the dispute. At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Consumer Rules of Arbitration of the American Arbitration Association applying South Dakota law. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
To the extent legally permitted, THE PARTIES WAIVE ANY RIGHT TO JURY TRIAL ARISING OUT OF THESE TERMS OF USE OR THE WEBSITE.
Limitation on Time to File Claims
EXCEPT WHERE LEGALLY PROHIBITED, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, the Terms of Sale and any other policies available on this Website constitute the sole and entire agreement between you and C & B Operations, LLC, and its subsidiaries and corporate affiliates regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Purchase or work orders or other similar writings (regardless of their date) of yours or a third-party’s on your behalf shall not change or supplement these Terms of Use and shall not be binding on Company. Except as expressly stated herein, no modification of or amendment to these Terms of Use will be effective unless in writing and signed by a duly authorized representative of both parties.
Your Comments and Concerns
This website is operated by C & B Operations, LLC, located at 101 South Reid Street, Suite 204, Sioux Falls, South Dakota 57103.
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