Terms and Conditions

Terms and Conditions

Terms and Conditions
The following terms and conditions apply to both the Summit Tractors (“Summit Tractors”, “We”, “Us”) website or the App at www.summittractors.com (the “Site or the App”) and the Summit Tractors mobile application (“App”). Summit Tractors encourages you to carefully read these Terms and Conditions of Use and our related Privacy Policy (which can be found here: Privacy Policy (collectively “Terms”) before using or registering on the Site or the App or the App. These Terms describe the legal relationship between you (an individual, representing yourself, or if applicable, acting as legal representative for a company or other legal entity) (“you” or “your”) and Summit Tractors. Summit Tractors provides web-based services and information to you subject to these Terms.

By accessing, browsing and/or otherwise using the Site or the App, you, your agents and authorized representatives are indicating that you have read and agree to follow and be bound bythese Terms. Please read these Terms. If you do not agree to these Terms, do not access the Site or the App.

Although Summit Tractors may attempt to notify you when some changes are made to these Terms, we may modify these Terms at any time and from time to time in our sole discretion without notice to you. You should periodically review these Terms carefully in order to make sure that you are aware of the most current terms and conditions for the use of the Site or the App because any use or viewing of the Site or the App by you after any change to these Terms, whether or not you have reviewed the amended Terms, constitutes your acceptance of these Terms as changed. These Terms as amended from time to time shall remain in full force and effect anytime you use or access the Summit Tractors Site or the App. The current version of these Terms is October, 2022. These Terms apply to your access to and use of the Site and the App.


You must be at least 13 years of age to use the Site or the App and/or any related services provided on the Site or the App. If you are between the ages of 13 and 18, you may only use the Site or the App and services with the consent and involvement of your parent or legal guardian. By accessing, browsing and/or otherwise using the Site or the App, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these Terms and Conditions of Use and Summit Tractors's Privacy and Security Policy and authorize your child who is between the age of 13 and 18 to use the Site or the App and related, subject to your responsibility for their conduct. We do not knowingly collect or solicit personally identifiable information from children under 13 years old.

By accessing or using the Site or the App, you represent and warrant that you are also (i) a resident of the United States and (ii) not a competitor of or using the products or services available on the Site or the App to compete with Summit Tractors in any way. You also represent and warrant that you have the right, authority, and capacity to agree to these Terms on your behalf and/or on behalf of the entity that you represent. If you do not meet all of these requirements, you may not use or access the Site or the App.

A. Use of the Site or the App

1. General The Site or the App may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site or the App may contain technical inaccuracies or typographical errors. Information, including store-based pricing, advertising and marketing materials, product pricing and availability, may be changed or updated at Summit Tractors discretion without notice.

2. Information You Submit.

All information you submit to us must be true, accurate and complete. No information or material provided to Summit Tractors by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances might be deemed threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortuous, defamatory, libelous, invasive of another person’s privacy, or violate another person’s publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential and you do not have a right to disclose. By sending content, information or material, you grant Summit Tractors an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Summit Tractors is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgment.

3. Conduct.
As a condition of use of the Site or the App, you represent and warrant that you shall not use the Site or the App for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site or the App. By ways of example, and not as a limitation, you agree to the following:

• Not to transmit or upload any material to the Site or the App that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs;
• Not to interfere with or disrupt the Site or the App networks or servers;
• Not to delete any legal notices, disclaimers or proprietary notices
• Not to misrepresent your identity or credit information;
• Not to attempt to gain unauthorized access to the Site or the App, other accounts, computer systems or networks connected to the Site or the App, through password misuse, mining or any other means; and
• Not to interfere with Summit Tractors or another authorized party's use and enjoyment of the Site or the App.

You agree not to use the Site or the App in any way that could damage the Site or the App or the
general business of Summit Tractors.

4. Links to Other Web Site or the Apps.

The Site or the App may contain links to other website or mobile applications to help customers learn more about the products available at Summit Tractors. Summit Tractors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Summit Tractors of the subject website or the App or any association with its operators. Summit Tractors does not have control over, and is in no manner responsible or liable for, the
availability, accuracy and content of the website or the Apps to which the Site or the App is linked. Summit Tractors makes no representations whatsoever about any other Site or the App you may access through the Site or the App. Any concerns regarding any product or service offered by a website or the App to which the Site or the App is linked or the link itself should be directed to the operator of that specific website or the App and not to Summit Tractors.

5. Monitoring of Site or the App.
Summit Tractors has no obligation to monitor use of the Site or the App or to retain the content of any of the sessions on the Site or the App. However, Summit Tractors reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Summit Tractors.

6. Copyright and Intellectual Property Ownership.

Summit Tractors or its licensors, as applicable, are the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site or the App including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Summit Tractors may modify, disable, or delete the Site or the App, its functions and/or Site or the App content at any time and for any reason without prior notice. Summit Tractors grants no rights to you hereunder other than as expressly set forth herein. The Site or the App and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Summit Tractors and to comply with all reasonable written requests made by Summit Tractors or its third party licensors to protect their and others' rights in the Site or the App and materials and content made available on or through the Site or the App.

7. Limited License to Use Materials Provided on the Site or the App. Summit Tractors grants you a limited license to use the materials made available on the Site or the App only for your personal use. The materials on the Site or the App shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site or the App shall be the sole and exclusive property of Summit Tractors. Summit Tractors, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.

8. Right to Download.

You may only download content displayed on the Site or the App for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.

9. Copyright Infringement Notice.

Pursuant to Title 17, United States Code, §512(c)(2), notifications of claimed copyright infringement must be sent to Summit Tractors Designated Agent. Summit Tractors Designated Agent email is: info@summittractors.com

10. Termination of Use.

Summit Tractors may, in its sole discretion, terminate your account or your use of the Site or theApp at any time without liability. You are personally liable for any orders that you place or charges that you incur prior to termination. Sections A.2 (Information You Submit), A.6 (Copyright and Intellectual Property Ownership), A.7 (Limited License to Use Materials Provided on the Site or the App), A.11 (Disclaimer), A.12 (Limitation of Liability), and A.13
(Indemnification) shall survive any termination or expiration of this Agreement.

11. Effect of Termination.

Upon termination of your account or use of the Site or the App or App, any provisions that should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Terms shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Summit Tractors or any third party.

12. Disclaimer.

You assume all responsibility and risk for the use of the Site or the App and the Internet generally. The Site or the App is provided by Summit Tractors on an “ AS IS” basis. Summit Tractors makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the App or the information, content, materials, or products included on the Site or the App, to the fullest extent permissible by applicable law. Summit Tractors disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful
components.

13. Limitation of Liability.

IN NO EVENT SHALL SUMMIT TRACTORS OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE SITE OR THE APP, YOUR USE OF THE SITE OR THE APP, OR ITEMS, PRODUCTS SOLD THROUGH THE SITE OR THE APP OR OMISSIONS IN THE CONTENT THEREOF, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SUMMIT TRACTORS OR ITS RESPECTIVE REPRESENTATIVES OR SUCH INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SUMMIT TRACTORS IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF YOUR USE OF THE SITE OR THE APP OR ANY ITEMS SOLD THROUGH OR THE SITE OR THE APP OR SERVICES PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE SITE OR THE APP, SUMMIT TRACTORS’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF THE ORDERS PLACED BY YOU THROUGH THE SITE OR THE APPS IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST SUMMIT TRACTORS, OR (B) $1,000.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF SUMMIT TRACTORS FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

14. Indemnification.
You shall indemnify, defend and hold Summit Tractors and its officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or the App, or information provided by you to the Site or the App.

15. Privacy.
For information about how Summit Tractors collects, uses, and shares your information, please review the Summit Tractors Privacy Policy found here: Privacy Policy. You agree that by using the Site or the App or App, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

B. Products Offered by Summit Tractors Company.

1. Information.

Unless expressly indicated otherwise, all products and services featured on the Site or the App are available directly from or through Summit Tractors. Summit Tractors has made a conscientious effort to display and describe its products and services on the Site or the App accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Summit Tractors is constantly improving its products, product information and services.

2. Warranties.
Most products and product options displayed on the Site or the App are available, but in some cases, certain products, product options or other merchandise displayed for sale on the Site or the App may not be immediately available for order. Further product details, including specifications, images, colors, prices and features thereof, may not be an accurate representation of the actual product. All configurations and information generated on the Site or the App are subject to change without notice. Summit Tractors reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. All information of any sort related to the products offered on the Site or the App should be independently confirmed and verified by you when you place your order with an authorized Summit Tractors representative or agent. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER SHOULD NOT RELY ON ANY DIMENSION, SPECIFICATION OR INSTALLATION INFORMATION PROVIDED ON THE SITE OR THE APP, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. SUMMIT TRACTORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON. YOU ACKNOWLEDGE THAT ANY ITEMS ADVERTISED ON THE SITE OR THE APP AND/OR SOLD BY SUMMIT TRACTORS ARE PROVIDED WITH THE INCLUDED SUMMIT TRACTORS STANDARD WARRANTY. SUMMIT TRACTORS MAKES NO OTHER WARRANTY, AND EXPRESSLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER OTHER THAN TITLE WITH RESPECT TO ANY ITEM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE ITEM IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR NONINFRINGING (INCLUDING, WITHOUT LIMITATION, THE ABSENCE THEREFROM OF LATENT, INHERENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE), QUALITY, DESCRIPTION OR SPECIFICATIONS OF THE ITEM. TO THE EXTENT APPLICABLE LAW PROHIBITS THE WARRANTY LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

3. Arbitration and Class Action Waiver.

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your interaction with Summit Tractors will be resolved by binding arbitration, rather than court. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Summit Tractors hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SUMMIT TRACTORS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND SUMMIT TRACTORS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and Summit Tractors are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration AND the AAA’s Rules regarding costs and payment apply (unless applicable law prohibits or limits this provision). This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention
of such invalid or unenforceable term.

4. Limitation of Liability. We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

5. Ecommerce Information.
At any point while using the Site or the App, you may change the contents of your request or order by an edit button on the website or app. Summit Tractors reserves the right to change prices on any products or services offered on the Site or the App. Summit Tractors may also unilaterally suspend promotions, cancel orders, or update inventory on the Site or the App without providing notice to any users. You understand that the Site or the App may list certain tractors, products, or services in which partnered retailers shall be solely responsible for the pricing, availability, and conditions of those tractors, products, or services, and such, the retailers shall be solely liable for claims arising out of such purchases.

6. Shipping and Delivery Policy.

Shipping and delivery time is determined by the weight and size of your items, number of purchases, and your geographic location. The final charge for shipping will appear at the end of your transaction.

7. Severability.

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.

8. Waiver.

No waiver of any breach of a provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.

9. Modifications.

Summit Tractors may modify these Terms at any time, at its discretion, and modifications are effective upon being posted on the Site or the App. You are responsible for reviewing these Terms to ensure that you are aware of any changes made to the Terms. Content of the Site and the App is © Summit Tractors, LLC, 2022, All Rights Reserved. All text, images, graphics, animation, videos, music and other materials on the Site or the App are subject to the copyright and other intellectual property rights of Summit Tractors, Inc. These materials may not be reproduced, distributed, modified or reposted to other website or the Apps without the express written permission of Summit Tractors, LLC. or its affiliates. The registered trademarks of Summit Tractors. Such marks may be used only with the prior written permission of Summit Tractors. All other trademarks not owned by Summit Tractors are the property of their respective
owners.

You understand and acknowledge that your continued use of or access to the following any modifications to these Terms shall constitute your acknowledgement of such modifications and agreement to be bound by the modified Terms.

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