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TERMS OF USE AND LEGAL NOTICE

 

These Terms of Use were last updated on February, 2021.

 

PLEASE READ CAREFULLY!

 

Welcome to the Terms of Use for Doosan Bobcat (“we” or “us” or “Doosan Bobcat”) web site located at www.bobcat.com/ap (this “Web Site”). BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not use this Web Site.

 

Modifications

We may update or modify these Terms of Use at any time and without prior notice. When we modify these Terms of Use, we will incorporate the modifications into these terms and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on this Web Site. Please check these Terms of Use periodically for changes. Your continued use of this Web Site following the posting of changes to the Terms of Use constitutes acceptance of those changes.

We may update this Web Site at any time. While we endeavor to keep this Web Site’s descriptions of our products and related services up to date, you should verify this information with your local dealer. To locate your closest dealer, visit www.bobcat.com/ap   and click on “Find a Dealer” button.

Scope of Use

 

We invite you to view and access the accessible content contained in this Web Site (“Content”) for your personal, informational and non-commercial use.  Except as otherwise defined in the Terms of Use, you are prohibited from copying, reproducing, republishing, uploading, modifying, displaying, transmitting, posting, altering, distributing or using this Web Site or any portion thereof without our prior written permission. 

Rules of Conduct

It is a violation of these Terms of Use for any user (including you), when using this Web Site, to:

(a) copy, sell, resell or exploit for commercial purposes, any portion of this Web Site, provided that you may view and access items of Content in accordance with the Scope of Use section above;

(b) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information;

(c) upload, post, e-mail, disseminate or distribute anything that contains software viruses, trap doors, hot keys, time bombs or any other computer code designed to interrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment;

(d) use any device, software or routine to interfere or attempt to interfere with the proper operation of this Web Site;

(e) use any robot, spider, other automatic device, or manual process to monitor, reproduce, republish, modify, display, transmit or copy any Web Site pages or any Content without our prior express written permission;

(f) take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by us in our sole discretion;

(g) send unsolicited messages or communications in any form (spam);

(h) attempt to gain unauthorized access to any portion of this Web Site, or any other systems or networks connected to this Web Site or to any server;

(i) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of this Web Site; or

(j) assist or permit any persons in engaging in any of the activities described above. Each user of this Web Site, including you,

(a) is responsible for the data, information and materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings or other submissions (“User Content”) that he or she creates and submits to this Web Site, and the consequences of its use or submission;

(b) is responsible for ensuring that the User Content that the user transmits and receives through this Web Site complies with all applicable local, state, national, and international laws, rules, ordinances, by-laws, regulations (including those relating to export or import control) and these Terms of Use; and

(c) is responsible for ensuring that all User Content the user transmits to this Web Site is accurate, truthful, up-to-date and complete. We may preserve User Content and may also disclose User Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce these Terms of Use;

(c) respond to claims that any User Content violates the rights of third parties; or

(d) protect the rights, property, or personal safety of Web Site users, the public and us.

User Submissions

By submitting any User Content to this Web Site, you agree that the User Content shall become the sole property of Doosan Bobcat.  Doosan Bobcat shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of the User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You warrant that you own or control all rights to the User Content you submit and that any use of such User Content will neither infringe on nor violate any third-party rights.

Usage Monitoring

Doosan Bobcat does not pre-screen the User Content you submit to this Web Site, and Doosan Bobcat shall not be responsible for policing, monitoring or editing such User Content. Doosan Bobcat shall have the right, but not the obligation, to monitor User Content and use of this Web Site to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies and procedures of Doosan Bobcat. Doosan Bobcat shall have the right in its sole discretion to refuse to post or to remove any User Content on this Web Site that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to you. Doosan Bobcat reserves its right to investigate possible violations of the Terms of Use when information is brought to its attention.

Specifications

Certain specification(s) are based on engineering calculations and are not actual measurements.  Specification(s) are provided for comparison purposes only and are subject to change without notice.  Specification(s) for your individual Doosan Bobcat equipment will vary based on normal variations in design, manufacturing, operating conditions and other factors.

No Warranties

THIS WEB SITE AND ALL CONTENT, PARTS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DOOSAN BOBCAT EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEMS INTEGRATION OR QUIET ENJOYMENT. DOOSAN BOBCAT AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING INFORMATION BEFORE RELYING ON IT. USE OF THE MATERIALS IS AT YOUR SOLE RISK.

DOOSAN BOBCAT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.

Limitation of Liability

DOOSAN BOBCAT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AGENTS AND LICENSORS SPECIFICALLY DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOST BUSINESS PROFITS, LOST REVENUE, LOST BUSINESS INFORMATION, LOST PROGRAMS, OTHER LOSS OF DATA IN THE INFORMATION PROCESSING SYSTEM, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE), EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THIS WEB SITE, MATERIALS OBTAINED THROUGH THE USE OF OR FAILURE TO USE THE CONTENT, MATERIALS, FUNCTIONS OF THIS WEB SITE OR ANY PORTION OF THIS WEB SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON SUCH MATERIALS; LOST DATA; THE PRESENCE OF VIRUSES OR OTHER COMPUTER CODE DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT; OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES, MODEMS OR ROUTERS, ACTS OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR UNAUTHORIZED ACCESS TO THE MATERIALS).

Proprietary Rights

The trademarks and logos of “Doosan” and “Bobcat®” are registered trademarks of Doosan Bobcat and/or its licensors. Unauthorized use of any trademarks, service marks or logos may be a violation of any applicable trademark laws. By accessing the Doosan Bobcat Web Site, you agree that you will respect and not infringe on any intellectual and industrial property rights of Doosan Bobcat and/or its licensors. You assume any and all liability, whether civil and/or criminal in nature, for the improper use of any intellectual or industrial property rights that are contained in this Web Site and belong to Doosan Bobcat and/or its licensors.

Doosan Bobcat and/or its licensors own all intellectual property rights in this Web Site. This Web Site is protected by copyright laws of Republic of Korea, U.S.A. and other relevant jurisdictions and/or international copyright laws. Except as expressly described in these Terms of Use, you may not modify, reproduce, perform or display (a) the content on this Web Site; (b) the design or layout of this Web Site, or individual sections of the design or layout of this Web Site; or (c) Doosan and/or Bobcat trademarks, service marks or logos without our written permission.

Links

This Web Site may contain links to web sites operated by other third parties. The linked sites are not under the control of or maintained by Doosan Bobcat, and Doosan Bobcat is not responsible for the content available on any other Internet sites linked to this Web Site. Such links do not imply Doosan Bobcat's endorsement of material on any other site, and Doosan Bobcat disclaims all liability with regard to your access to such linked sites. Your use of other third parties’ websites confirms your acceptance and agreement to the terms and conditions of those respective websites. Doosan Bobcat provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web Site is at your own risk.

 

Unless otherwise set forth in a written agreement between you and Doosan Bobcat, you may link your web site to the home page of our Web Site, provided that you adhere to the following linking policy: (i) any link to Doosan Bobcat's Web Site must be a text only link and clearly marked “Doosan Bobcat Web Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Doosan Bobcat's name and trademarks, (iii) the link must “point” to the URL [www.bobcat.com] and not to other pages within the Doosan Bobcat Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Doosan Bobcat, (v) when selected by a user, the link must display the Doosan Bobcat Web Site on full-screen and not within a “frame” on the linking site, and (vi) Doosan Bobcat reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Violations

Doosan Bobcat reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to this Web Site.

Indemnification

You agree to defend, indemnify, and hold harmless Doosan Bobcat, including all of its directors, owners, agents, employees, officers, subsidiaries, affiliates, partners, licensors and licensees (hereinafter “Indemnified Parties”), from and against any and all claims, lawsuits, actions, proceedings, demands, liability, and costs incurred by the Indemnified Parties in connection with any claim arising out of or related to your use of this Web Site, any alleged violation or breach by you of these Terms of Use or any alleged violation of breach of any law, regulations or third party’s rights. You shall cooperate fully as reasonably required in the defense of any such claim. Doosan Bobcat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent of Doosan Bobcat. You shall pay any and all costs, damages, and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Indemnified Parties in connection with or arising from any such claim, lawsuit, action, proceeding, or demand.

Dispute Resolution and Governing Law

The Terms of Use or this Web Site shall be governed by the laws of the Republic of Korea.  Each party submits to the exclusive jurisdiction of the Seoul Central District Court. Any controversy or claim arising from or related to the Terms of Use or this Web Site shall be submitted exclusively to the Seoul Central District Court, shall be heard on an individual basis and shall not be consolidated in any action or proceeding with any claim or controversy of any other party. Notwithstanding anything to the contrary in the foregoing, Doosan Bobcat may obtain from a court any interim or provisional relief that may be necessary to protect Doosan Bobcat’s rights or property.

Miscellaneous

 

This Web Site is operated by Doosan Bobcat. Doosan Bobcat makes no representation that the information in this Web Site is appropriate or available for use in other locations, and access to the Doosan Bobcat’s Web Site from territories where the content of the Doosan Bobcat Web Site may be illegal is prohibited. Those who choose to access the Doosan Bobcat Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between Doosan Bobcat and you with respect to the subject matter hereof.

Waiver

 

Failure by Doosan Bobcat to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A single or partial exercise of a right does not preclude Doosan Bobcat from a further exercise of that right or the exercise of another right. A waiver is only effective if clearly stated in the specific instance and for the specific purpose that was stated.

Severability

 

The invalidity, illegality or unenforceability of any provisions of these Terms of Use shall not affect the continuation in force of the remainder of these Terms of Use.

Questions

 

If you have any questions about our Terms of Use, please contact us.

 

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