Effective Date: August 3, 2018
OUR APPROACH TO PRIVACY
Great Plains Manufacturing (Mfg.), Great Plains Acceptance Corporation, Great Plains Ag, Great Plains International, Land Pride, and Great Plains Trucking, and their affiliates take your privacy seriously. Great Plains Mfg. understands transparency and respect are foundational aspects of longstanding relationships and, therefore, takes every reasonable effort to protect the information you provide to us.
• How we collect your personal information
• What personal information we collect
• How we use that personal information
• How we may share that personal information
• How we protect your information
• Your choices regarding your personal information
Great Plains and Land Pride products are distributed through our network of dealers, which are independently owned and operated businesses, and which may have their own privacy policies.
If you have any questions regarding this Policy or our privacy practices, please email GPMPrivacy@greatplainsmfg.com.
Information is collected from you in the following ways:
Directly from You
• General "Contact Us" forms
• Finance applications
• Product and service inquiry forms
• Dealer Locator and Request Information pages
• Social media accounts
• Contests or sweepstakes
From You Through Third Parties
The following third parties provide services within Great Plains websites. If you choose to use these services, we suggest you review those third parties’ privacy policies to better understand what personal information is collected, when it is collected, how it is used and how it is protected as well as when and with whom your personal information is shared or disclosed by those third parties. Great Plains does not control these entities or what they do with your information.
• ShopGreatPlains.com (merchandise purchase): You can purchase certain Great Plains merchandise through N Zone via the Great Plains website. Other than the fact that you have purchased Great Plains merchandise through N Zone, Great Plains does not have access to any other information relating to these purchases, such as your credit card information.
• ShopLandPride.com (merchandise purchase): You can purchase certain Land Pride merchandise through N Zone via the Land Pride website. Other than the fact that you have purchased Land Pride merchandise through N Zone, Great Plains does not have access to any other information relating to these purchases, such as your credit card information.
• ADP (Great Plains Careers job portal): Great Plains uses ADP to support our employee application portal, Great Plains Careers. Great Plains Human Resources has access to all information submitted via ADP, but only uses such information for recruitment and interviewing processes.
Information Collected from Business Partners and Affiliates
Great Plains may collect information from certain business partners that support transactions with us or have a relationship with you. This includes, but is not limited to dealers, Great Plains Mfg. affiliates, or affiliated or third party financial service companies if you apply for credit.
Information Collected Through Use of Our Websites and How We Respond to "Do Not Track" Signals
• IP address
• Device type
• Operating system
• Browser language
• Web pages visited, time on the website, and total number of pages viewed
• Network service provider
Social Media, Surveys and Contests
Great Plains uses social media to interact with our customers and other consumers in various ways. Great Plains may use anonymized aggregate information gathered through interaction with social media accounts or through surveys and contests. We use this information to improve our products, services and marketing effectiveness. We may offer our products and services to you via social media, based on information you have voluntarily provided in accordance with the social media site’s terms and conditions.
WHAT INFORMATION WE COLLECT
Our websites collect several categories of information, including "Personal Information," "Anonymous Information" and "Product or Inquiry Information." Great Plains collects your information to provide the services outlined in this Policy or to serve you as a customer.
Depending on the functionality you use on our websites, Great Plains may collect the following types of personal information:
• Physical Location and Contact Information – This information allows us to identify and communicate with you, and includes information such as your name, mailing address, email address and phone number.
• Relationship Information –Allows us to offer you beneficial products and services that may interest you, such as information regarding your inquiries, purchases, regional location and dealer transactions.
By using our websites and online services, you agree to the collection of certain information that Great Plains uses to improve our websites’ functionality. This information is not tied to you personally, and is used in aggregate to better understand our website visitors, including visitor demographics (such as age, language and gender), what web pages our visitors are browsing to, the amount of time spent on each page, the device type used to visit the website, and other technically relevant information.
Product or Inquiry Information
Great Plains uses inquiry forms throughout its websites to allow you to request information, including product, service or dealer quote information. Any personal information collected in these forms is used to fulfill your request or to better understand your request. We do not collect sensitive personal information such as Social Security numbers or financial information in these inquiry forms.
OUR USE OF YOUR INFORMATION
Your personal information may be transferred to and stored on servers located in any country in which we or our affiliated companies do business. We use the information you provide for the following functions:
Fulfilment of Your Request
When you use our inquiry, contest or survey functionality on our websites, we may use submitted information in conjunction with other information we have about you to supply you with relevant product and service offerings to better respond to your specific product or service inquiries or respond to complaints. If using the Dealer Locator or Request Information functionality, your information may be provided to our dealers to satisfy your request.
Marketing and Promotions
Great Plains may use information you provide through transactions and through our websites to market new products and services to you. This may also include sending you new product information, typically by mail.
Customer feedback is used for product improvements and promotional purposes. By submitting customer feedback, customers are granting Great Plains permission to publish and copyright photos, audio transcripts, video recordings, and statements. Customers release Great Plains from any and all claims that may be associated with the publication of their name, audio transcripts, video recordings, and statements for editorial, advertising, or publicity purposes. Those under the age of 18 must have written permission from their legal parent or guardian in order to provide customer feedback.
Customer Service and Support
We collect and use information about you to support our customer service and support activities or related transactions. This can include, but is not limited to, warranty services, financing or purchasing, product delivery and maintenance support.
Information collected through the Great Plains Careers portal is used in our recruitment process. It is only shared with Great Plains Human Resources and specific management that have a need to view the information as it relates to an employment opportunity.
Anonymized information collected through general use of our websites is used to better understand our visitors and to improve the overall browsing experience.
THIRD-PARTY USE AND DISCLOSURE
Great Plains understands consumer concern over the sharing of their information with other parties. For this reason, Great Plains does not share your information except as described in this policy. We may also share your information with the following parties:
• Business partners, dealers and service providers to provide products and services relating to the sale of Great Plains products, internal company processes or the servicing of your accounts or transactions
• Marketing partners, to market to you directly
• Auditors, regulators and other entities, where legally required
• As needed to protect our rights or property
• Our affiliated companies (i.e., companies under common control or management with us)
Great Plains does not share your personal information with other unaffiliated third-parties for their own direct marketing purposes. All our vendors are required to protect your information in any way they interact with it, and are limited to using it only in accordance with their intended purpose.
Great Plains may also share or transfer your information to third parties: (a) when necessary to comply with federal or state law, a court order or other legal or regulatory process; (b) to protect our rights or property; or (c) in connection with the sale of assets and/or the company.
NOTICE, CHOICE, AND CONSENT
Where allowed by state and federal law, you may opt out of our use of your personal information collected through the Great Plains websites to market Great Plains services, by emailing GPMPrivacy@greatplainsmfg.com with "GP Marketing Opt Out" in the subject line. If you financed your equipment through GPAC, call 800-472-0166 to opt out. Please note that even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or your equipment. For example, even if you opt-out of marketing emails, we will still send you a confirmation when you purchase something from our website, as well as product safety communications.
If you would like to minimize the information collected on your browsing of our websites, you may choose not to use all features on our websites. This may limit your online experience and available functionality on the websites. You may also manage the information we collect through our websites by adjusting the cookie and privacy settings in your web browser or on your mobile device.
Great Plains may still contact you for information needed to service your account, machine, or to support ongoing transactions related to your account.
REQUESTS TO REVIEW AND REQUEST CHANGES TO YOUR PERSONAL INFORMATION
Keeping your personal information accurate and up-to-date is very important. Please email us at GPMPrivacy@greatplainsmfg.com if you want to request, correct or update your personal information we possess.
To protect your privacy, you will be required to provide authenticating information prior to making changes or gaining access to your information. We will respond to all reasonable inquiries and requests to review and request changes to personal information within 30 days.
SECURITY OF YOUR INFORMATION
No data transmission over the Internet can be guaranteed to be 100 percent secure. Accordingly, despite our efforts to protect your information, Great Plains cannot ensure or warrant the security of any information you transmit to us online. You transmit all such information at your own risk.
Great Plains maintains appropriate technical and organizational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected. We periodically assess risks to your information and update our policies, procedures and technology accordingly.
Great Plains does not knowingly collect personally identifiable information from or market to children under the age of 16 years old. If a child under the age of 16 has provided personally identifiable information to Great Plains through our website, a parent or guardian may contact GPMPrivacy@greatplainsmfg.com to request that the information be deleted from our records. Following receipt of such a request, we will make reasonable efforts to delete the child's information from our records.
LINKS TO OTHER SITES
Great Plains may use third-party integration into our websites to better serve your needs while you are on Great Plains’ website. We also use social media pages like Facebook, and may integrate information provided therein to our marketing practices. We encourage you to read the following companies' privacy policies to better understand their collection, use and disclosure of your information:
• ADP (Great Plains Careers)
• ShopGreatPlains.com (Merchandise Purchases)
• ShopLandPride.com (Merchandise Purchases)
• Great Plains Mfg. Facebook Page (Social Media)
• Great Plains Ag Facebook Page (Social Media)
• Great Plains International Facebook Page (Social Media)
• Land Pride Facebook Page (Social Media)
• Great Plains Ag YouTube Page (Social Media)
• Great Plains Service YouTube Page (Social Media)
• Land Pride YouTube Page (Social Media)
• Great Plains Instagram Account (Social Media)
• Great Plains Mfg. Twitter Account (Social Media)
• Great Plains Ag Twitter Account (Social Media)
• Great Plains International Twitter Account (Social Media)
• Land Pride Twitter Account (Social Media)
As we continue to improve the products, services, and offerings to consumers, we occasionally will update this Policy. Great Plains reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Policy in whole or in part. We will provide you notice of any such changes.
OTHER IMPORTANT INFORMATION
California Residents Only:
The California "Shine the Light Law," California Civil Code Section 1798.83, permits California residents to request and obtain once a year, free of charge, information about Personal Information (as defined by California law), if any, that we disclose to certain third parties for direct marketing purposes in the preceding calendar year. California residents may make such a request in writing by emailing GPMPrivacy@greatplainsmfg.com with your name and address, and noting “California Shine the Light Request” in the subject line of the email. Within 30 days of receiving your request, and where required by law, Great Plains will send you a list of the categories of personal information disclosed for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.
Connecticut Residents Only:
Great Plains' Social Security Number Policy (1) protects the confidentiality of Social Security numbers, (2) prohibits unlawful disclosure of Social Security numbers and (3) limits access to Social Security numbers.
Effective as of August 3, 2018
These Terms apply only to the use of certain websites which are owned and/or operated by or on behalf of Great Plains Manufacturing ("Great Plains Mfg.") and/or our affiliates ("Great Plains") (each, a "Site," and collectively, the "Sites"), or available through our authorized third parties, or by any of the other means described herein.
Your use of the Sites may be further governed by any agreement entered into between Great Plains and the Customer ("Customer") named therein ("Customer Agreement") governing Customer's accounts with Great Plains. In the event of any inconsistency between the terms of the Customer Agreement and these Terms, the terms of the Customer Agreement shall control. You also represent and warrant to Great Plains that you are authorized to bind Customer to these Terms.
When we refer to "Great Plains," "we," "us" or "our," we mean Great Plains Mfg. and/or the specific division, subsidiary or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.
When we refer to "you" or "your," we mean the person accessing the Sites. If the person accessing the Sites acts on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including a business organization.
Great Plains values your interest in our products or Services (defined below) and appreciates your visit to our Sites. This Site provides general information about Great Plains and its products and services. Use of this Site is limited to legitimate purposes. Great Plains may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion.
Great Plains shall notify you of any of these changes to features to the extent Great Plains is required by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.
You acknowledge and agree that any information, comments, documents, images or general content you enter or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to Great Plains, you grant to Great Plains an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that Great Plains is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Great Plains. You hereby agree that any comments, feedback or recommendations from you for the improvement or modification of this Site or the products or Services advertised herein shall be the sole property of Great Plains.
Great Plains has the right, in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to your access to or use of any of the Sites. Such modifications and additions shall be effective immediately upon posting the modified Terms to any Site, which posting shall be deemed notice to you. If you disagree with the changes to these Terms, you should discontinue your use of the Sites. Any access to or use of any Site after posting of modifications or additions to these Terms shall constitute and be deemed to be your agreement to such modified Terms, therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound.
The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT GREAT PLAINS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
This Site and any of the products or Services provided by Great Plains in connection with this Site (the "Services") are being provided to you expressly subject to these Terms, which govern your use of the Site. "Services" under these Terms include services, products or information offered to you directly by Great Plains.
Great Plains makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, "use" or "using") this Site, you acknowledge that you, the individual user of this Site, have read, understood and agreed to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority to, and do hereby, legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.
You warrant to Great Plains that you will not attempt to gain unauthorized access to any Services offered by Great Plains or to computer systems or networks connected to any Great Plains server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Great Plains. When using the Site you agree not to pretend to be someone else or spoof their identity.
Any access or attempted access of other areas of Great Plains' computer systems, third-party systems and Services that Great Plains utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others' use of or access to any Site. You are not authorized to access or query any Site through the use of electronic processes that are high-volume and automated except as reasonably necessary to use the Services. You may not use a Site to allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, telephone, facsimile or otherwise.
Great Plains reserves the right to report any activity that it reasonably suspects violates any law or regulation, and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
Certain portions of this Site are intended to be used only by individuals authorized by Customer in compliance with its Customer Agreement with Great Plains. Such individuals must use the User Name and Password (as defined below) assigned to them and not those of any other person. If you are not authorized by Customer for this purpose, or if you are using someone else's login information, you are deemed an unauthorized user and you should not use this Site. If, nonetheless, you continue, then by using this Site you undertake and agree that: (1) you will be personally liable for any and all expenses, costs or damages incurred by us in investigating or addressing your unauthorized use of this Site (such obligations shall be in addition to whatever other rights and remedies may be available to us for unauthorized use); and (2) you will be personally bound to the terms of the Customer Agreement for the entire debts and other commitments of Customer, waiving any actual notice or knowledge of the terms of the Customer Agreement, all without any duties or obligations to you on the part of Great Plains.
Great Plains has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any products or Services provided by Great Plains through this Site, or your right to access or use any portion of this Site, in Great Plains' sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party's) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party's intellectual property rights or (5) requests by law enforcement or other government agencies.
USE OF THE SITE
As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use; you may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Great Plains, which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Site without the prior written consent of Great Plains, which may be withheld, conditioned or delayed in its sole and absolute discretion.
In order to access certain restricted portions of this Site, you may be required to register on this Site by completing a Registration Form ("Registration Form"). Great Plains may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, you will select a user name based on your e-mail ("User Name"), and a password ("Password") to access the User Name. Your User Name and Password are your credentials to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person or violates the rights of others. Great Plains may also reject any User Name that Great Plains determines in its discretion is unacceptable for use on this Site. Although you are not required to register, if you do not register, you may be required to accept these Terms each time you wish to access this Site or a Service.
You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Name and Password and will (i) promptly notify Great Plains of any actual or suspected unauthorized use of this Site, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Password to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Please note that Great Plains will store a Password retrieval question and answer, which allows you the ability to retrieve your Password. If you do not answer the retrieval question correctly within the stated number of attempts, your User Name will be permanently deactivated, and you will need to re-register on the Site with a new User Name and Password, and your stored preferences will need to be re-entered.
INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF INFORMATION AND CONTENT
All contents of the Sites are © 2018 Great Plains Manufacturing. All rights reserved. "Great Plains," "Land Pride," "Fresh Start Parts," "Turbo-Max," "SpeedBlade," "Ultra-Chisel," "Max-Chisel," "Turbo-Seeder," and all other names and logos are either registered trademarks or trademarks of Great Plains Manufacturing in the United States and/or other countries. All of the pages and screens on the Sites are owned and controlled by Great Plains, except as otherwise expressly stated, and are protected by US copyright laws and international treaties. The copyrighted materials on the Sites include, but are not limited to, the text, design, software, images, graphics, source code and content on the Sites.
All information and content provided on the Sites, whether explicitly marked or not, are the property of Great Plains, its subsidiaries, affiliated companies or joint partners, or others, and are subject to US and international copyright and unfair competition laws and treaties. The information and content provided include, but are not limited to, the text, graphics, images, source codes, videos, audio recordings, pages, screens, designs, animations and software, their related files and their arrangement on the Sites.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, "Marks"), including but not limited to "Great Plains," "Great Plains," "Fresh Start Parts," "Turbo-Max," "SpeedBlade," "Ultra-Chisel," "Max-Chisel," "Turbo-Seeder," and all other names and logos, whether explicitly marked or not, used on the Sites are owned by Great Plains, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to US (federal and state) and international trademark and unfair competition laws. For a complete list of patents, trademarks, and copyrights, contact (800) 270-9302.
You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Sites for any commercial or public purpose without Great Plains’ prior written consent.
You are authorized to view the information available on the Sites for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on the Sites in any form or by any means, or by any information storage or retrieval system, for any commercial or public use without the express written permission of Great Plains. You may not use, copy, display, distribute, modify or reproduce any of the Marks found on the Sites except as authorized by these Terms. You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Great Plains. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site, provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any Services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Great Plains, is strictly prohibited.
Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Great Plains or any third party.
Any use of the information, content or Marks provided on any Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by US and international intellectual property laws and other applicable laws.
Great Plains makes no representation that materials, products or Services on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
LINKS AND SEARCH RESULTS
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Great Plains has no control over those sites or the content within them. Great Plains cannot guarantee, represent or warrant that the content contained in any of those sites is accurate, legal and/or inoffensive. Great Plains does not endorse the content of any third-party site, nor do we warrant that such sites will not contain viruses or otherwise impact your computer or other access device. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Great Plains for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from this Site, please notify us at GPMPrivacy@greatplainsmfg.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Great Plains. You must obtain our express prior written consent to make commercial offers of any kind on the Sites, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Great Plains products or Services of any kind without our express written permission. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of such Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
VIOLATION OF THE TERMS
You understand and agree that in Great Plains’ sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized Content if we believe that the Content you provided has violated or is inconsistent with these Terms or violated the rights of Great Plains, another user, or the law, or constitutes a breach of the Customer Agreement. You agree that monetary damages may not provide a sufficient remedy to Great Plains for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Great Plains may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Great Plains is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.
Great Plains is not responsible for the products, services, actions or failures to act of any third party referenced on any Site except as may be set forth in the Customer Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at GPMPrivacy@greatplainsmfg.com. We may investigate the claim and take appropriate action, in our sole discretion.
You agree to defend, indemnify, save and hold harmless Great Plains and its and their respective licensees, directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or Services you may have obtained on any of our Sites.
YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL GREAT PLAINS OR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF GREAT PLAINS OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST GREAT PLAINS OR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS IS TO DISCONTINUE USE OF THE SITES AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THE SITES AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, Great Plains and its directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.
This Site may use hyperlinks as a convenience to you so that certain reference material, Great Plains-related subjects and other pertinent material are easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Great Plains. Hyperlinks and references to other sites, including any Great Plains entity, do not constitute sponsorship, endorsement or approval by Great Plains of the information, content, policies or practices of such linked or referenced sites. Great Plains does not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Great Plains and its suppliers and their respective directors, members, shareholders, officers, employees and agents.
If, notwithstanding the limitations of liability above, Great Plains or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any products or Services or operation of this Site, then such liability will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Great Plains or its suppliers in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US $100.00).
Great Plains has no obligation to update any information or content on any Site. Accordingly, Great Plains and its suppliers assume no responsibility regarding the accuracy of the information or content provided on any Site. Any use of the information or content provided on this Site is done at your own risk.
This Site and any information contained on this Site do not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. Any such information is qualified in its entirety by the more complete information, including risks of investment, provided by Great Plains, in its sole discretion, to certain qualified investors who meet certain investor criteria. There is no assurance that we will achieve any of our investment objectives, and investment results may vary substantially over time.
NO RECOMMENDATIONS OR ADVICE PROVIDED
Although information and content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Great Plains. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release Great Plains from any claim and to not hold Great Plains liable for any possible claim for damages arising from any decision you may make based on information or content available on the Sites.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
Great Plains respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, Great Plains has adopted a policy of terminating, in appropriate circumstances and in Great Plains’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Great Plains may also in its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Sites' designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Great Plains will process and investigate notices (each, a "Notice") of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of Notices complying with the DMCA, Great Plains will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Great Plains the following information in your Notice (to be effective, the notification must include ALL of the following):
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site(s);
4. your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Great Plains to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to Great Plains’ designated agent:
By mail:Great Plains Manufacturing
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING GREAT PLAINS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us in writing at:Great Plains Manufacturing
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:1625 North Market Blvd.
Great Plains makes no representation that any content contained in the Sites is appropriate or available for use in locations outside the United States. Accessing the Sites in locations where the use of such content is illegal is prohibited. By accessing the Sites you agree that the statutes and laws of the State of California, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of the Sites and that if you use the Sites from any other location you are responsible for compliance with applicable local laws. Any claim relating to the Sites shall be litigated in the state and federal courts having jurisdiction in the State of California, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
By using the Sites, you further agree that you will not use the Sites or any materials available thereon for any unlawful activity, or use them in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using the Sites, to ensure that all of your principals, agents, employees and independent contractors adhere to these Terms.
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