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Vermeer Corporation 1210 Vermeer Road East P.O. Box 200 Pella, Iowa 50219 U.S.A.
So when you think about increasing productivity, maximizing your bottom line expanding your fleet or joining a family that shares your passion for tree care - you too, will think Vermeer Corporation.
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Taking Tree Care to New Heights | www.Vermeer.com
- 1. Ownership Of The Site
All pages within this Site and any material made available for download are the property of Vermeer, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Vermeer. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Vermeer without our express written consent.
- 2. Site Security
- 3. Accuracy and Integrity of Information
Although Vermeer attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Vermeer so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Vermeer shall have no responsibility or liability for information or Content posted to the Site from any non-Vermeer affiliated third party.
- 4. Access to Site; Indemnification
- 5. Links to Other Sites
Vermeer makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Vermeer site, please understand that it is independent from Vermeer, and that Vermeer has no control over the Content on that website. In addition, a link to a non-Vermeer website does not mean that Vermeer endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
- 6. User-Generated Content, Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, images, photos, videos or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Vermeer shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content however Vermeer desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium or technology throughout the world. Vermeer is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
Vermeer is not obligated to regularly review posted User-Generated Content, but does reserve the right to monitor and edit or remove any User-Generated Content submitted to the Site. You grant Vermeer the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you post to the Site. Vermeer and its affiliates take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER GENERATED CONTENT MAY INCLUDE VIDEOS AND PHOTOS DEPICTING THE USE OF OUR PRODUCTS, AND COMMENTS OR SUGGESTIONS REGARDING USE OF OUR PRODUCTS. VERMEER IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY FOR ALL USER GENERATED CONTENT, INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY, PROPERTY DAMAGE, PERSONAL INJURY AND WRONGFUL DEATH. YOU ASSUME ALL LIABILITY AND THE RISK OF USING OR RELYING ON ANY USER GENERATED CONTENT POSTED BY THIRD PARTIES AT OUR SITE.
You agree to defend, indemnify and hold Vermeer harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Vermeer arising out of any User-Generated Content you post or allow to be posted to the Site.
- 7. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Vermeer respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Vermeer’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available Through the Vermeer Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
1210 Vermeer Road East
Pella, Iowa 50219
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When Vermeer receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
1. Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
3. Your name, address, telephone number and, if available, email address.
4. A statement as follows: “I hereby consent to the jurisdiction in the state or federal courts located in Iowa, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
5. Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to the following Designated Copyright Agent of Vermeer:
1210 Vermeer Road East
Pella, Iowa 50219
- 8. Disclaimer of Warranties
VERMEER DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VERMEER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. VERMEER DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY VERMEER ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
- 9. Limitation of Liability Regarding Use of Site
IN ADDITION TO THE LIMITATIONS OF LIABILITY IN SECTION 6 RELATING TO SUBMISSIONS OF VIDEOS, PHOTOS AND OTHER USER-GENERATED CONTENT, VERMEER AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF VERMEER TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
- 10. Dispute Resolution.
- 11. Revisions; General