Introduction

GROWER Tractors is committed to providing our customers, distributors, and suppliers with the best value products and services both on-site and online. Grower Tractors recognizes and respects online privacy. This privacy statement explains what information GROWER Tractors will collect through this website (the “Site”) and how it will be used.

This privacy statement applies to information obtained through this Site and does not apply to information collected through other means (e.g., other websites or methods such as phone calls), nor to information collected on any other company or third-party site, whether such site is linked to this Site or accessible through it. You should read the privacy statements of any other websites carefully.

Collection and Use of Information

Technical and Usage Information

When you visit this Site, certain information about you and your request (e.g., your Internet Protocol [IP] address and the content requested) and other information provided by your browser (e.g., browser name and referring site) is automatically collected. This information may be used to improve the content and usability of this Site, to understand how you use the Site, and to personalize content accordingly. Additionally, this Site uses “cookies.”

Interactively Provided Information

In addition to the technical data mentioned above, you may provide personal information on this Site through various forms to inquire about or receive data on events, products, services, offers, and general information from GROWER Tractors. In each case, your personal information will be used to fulfill your request (e.g., if you subscribe to a newsletter, your data will be used to provide you with a copy of that newsletter). You also have the option to opt-in to receive marketing communications. If you choose to do so, your personal information and usage of the Site will be used to personalize and send future notices, including, among other things, emails.

If you do not wish to continue receiving marketing communications from Grower Tractors, you may notify us in writing at the address below (see “How to Contact GROWER Tractors” below).

Disclosure of Information

Your personal information may be shared within GROWER Tractors globally (e.g., with its affiliates and subsidiaries worldwide) and disclosed to the relevant GROWER Tractors dealers in applicable service regions. We may disclose your personal information to respond to your inquiries or for Site purposes or to enable service providers to process information on behalf of GROWER Tractors. In any case, personal information will only be disclosed to those who have a legitimate business reason to access it. Notwithstanding the aforementioned types of disclosure, we may disclose personal information when permitted or required by law, or in accordance with relevant corporate policies.

GROWER Tractors may also disclose personal information in response to legal processes, such as court orders or subpoenas, and personal data you provide may be transferred in cases of merger, acquisition, restructuring, or other business operations involving GROWER Tractors or its assets.

Children

We do not wish to collect or retain information from children under 13 years of age. No part of this Site is structured to attract anyone under 13 years old. By using our Site, you represent that you are not under 13 years of age.

Security

GROWER Tractors is concerned about the security of transactions made on this Site. We redirect visitors to a secure server to transfer and receive certain types of private information, such as credit card data, and take precautions against physical and electronic intrusion to prevent loss, misuse, or alteration of data collected from visitors to this Site.

Access of Update

Upon request and after providing sufficient proof of identity, individuals will be granted reasonable access and, if appropriate, the option to update or delete the personal information they have provided through this Site.

How to Contacto GROWER Tractors

To request access to your personal information, update it, or delete it (including the option to opt-out of receiving marketing, promotional, or survey communications from GROWER Tractors), or to obtain additional information about this privacy statement, please contact us: You may also contact Grower Tractors’ Business Practices Office at http://www.growertractor.com

Links

This Site may contain links to other sites. Grower Tractors does not control the information or privacy practices of these other sites and is not responsible for the content, collection, and use of information from these sites, nor for the absence of errors or viruses. It is your responsibility to recognize, by observing the browser’s address bar, if you have left this Site.

Changes and Modifications

GROWER Tractors reserves the right to modify or replace this Privacy Statement at any time. Changes will be posted here before the new Statement takes effect. Please review this page periodically to stay informed about our current policies and practices.

Legal Statement

This Privacy Statement is part of the Terms and Conditions of use of this Site. It is also recommended to review the Terms and Conditions, as your use of this Site and any disputes arising in relation to this Privacy Statement are subject to the terms and conditions set forth there.

Your Consent

By providing us with personal information, you consent to the collection and use of such information for the purposes described in this Privacy Statement. This Site is hosted in the United States of America. Since this service is offered to individuals from different locations worldwide, you also consent to the transfer of personal information to countries or jurisdictions that may not provide the same level of data protection as is currently in effect in the jurisdiction where you are located.

Cookies

Every time you visit this Site, we will send you a cookie. The cookie stores a small data file on your device. This file allows us to recognize you each time you visit us. Cookies help us in many ways, such as saving your preferred region and language, and collecting non-personal data.

If you do not allow this website to use cookies, some features or sections of the Site may not be available or may not function as expected. Cookies can also be deleted or blocked by following your browser’s help instructions.

Browser Settings

The Help feature in most browsers will tell you how to prevent your browser from accepting new cookies, how to make your browser notify you when you receive a cookie, and how to disable them. Additionally, you can disable or delete similar data used by browser plugins, such as Flash cookies, by changing your plugin settings or visiting the plugin manufacturer’s website.

Online Advertising

We use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies allow us to know what content you view, which advertisements you click on, and other actions you take on this Site and elsewhere. This enables us to provide you with more useful and relevant content. We do not associate your interaction with non-affiliated sites with your identity. We do not provide personal information to advertisers or third-party sites that display our interest-based ads.

Welcome to Grower Tractorseq.com, the website of Grower Tractors. These Terms of Use for www.growertractor.com (these “Terms of Use”) contain the terms and conditions governing access to and use of GROWER Tractors’ websites (the “Site” or “Sites”), including www.growertractor.com, all networked websites operated by GROWER Tractors and its affiliates (“Networked Sites”), and all data, text, graphics, user interfaces, visual interfaces, photos, trademarks, logos, sounds, music, illustrations, and computer code available on or through these Sites (“Content”). This is a contract between you or the entity you represent (“you”) and GROWER Tractors. GROWER Tractors intends to grant you access to the Sites and use of them only if you accept all the provisions of these Terms of Use without any modifications.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND REPRESENT THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES; YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS TERMS OF USE AGREEMENT AND THE AUTHORITY TO LEGALLY BIND THE ENTITY YOU REPRESENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR ANY MODIFICATION THEREOF, DO NOT ACCESS, NAVIGATE, OR OTHERWISE USE THIS SITE.

We reserve the right to modify or update these Terms of Use at our discretion at any time. Access to and use of the Sites after any modification to these Terms of Use has been posted constitutes your acceptance of such modifications. To read the most current version of these Terms of Use at any time, please visit http://www.growertractor.com

Networked Sites

GROWER Tractors uses growertractors.com as an entry point to various networked websites managed by Grower Tractors and its affiliates (“Networked Sites”). Notwithstanding any contrary provisions stated in these Terms of Use, different or additional terms and conditions may apply to certain Networked Sites. If applicable, such different or additional terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has established different or additional terms or conditions, those provisions will prevail in the event of a conflict with these Terms of Use. Except for any supplements or modifications described herein, these Terms of Use will apply to all Networked Sites and govern their use.

Use of the Site

You may access and use the Sites only in accordance with these Terms of Use. You must comply strictly with all applicable laws, regulations, provisions, and policies of GROWER Tractors to access and use the Sites, including laws, regulations, and provisions governing online behavior, online content, and data export from the United States to your country of residence, and vice versa. Additionally, you must not:

• Access, acquire, copy, or monitor any part of the Site, or reproduce or circumvent the navigation structure or presentation of any Site, in order to obtain or attempt to obtain materials, documents, or information through means that are intentionally not available through a Site, including the use of “deep links,” “page scraping,” “robots,” “spiders,” or other automatic devices, programs, algorithms, or methodologies, or similar or equivalent manual processes.

• Attempt to gain unauthorized access to any part or feature of a Site, any other system or networks connected to a Site, or any server, including hacking, “password mining,” or any other unlawful means.

• Probe, scan, or test the vulnerability of any Site or network connected to a Site, nor breach the security or authentication measures of any Site or network connected to a Site.

• Conduct reverse lookups, trace, or attempt to trace any information of another user or visitor of the Site, or any other customer of Grower Tractors, including but not limited to personal information or identification.

• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site, GROWER Tractors’ systems or networks, or systems or networks connected to a Site or Grower Tractors.

• Use devices, software, or routines to interfere or attempt to interfere with the proper functioning of a Site, any transaction conducted on a Site, or the use of the Site by another person.

• Distribute viruses or other technologies that may harm GROWER Tractors or the ownership interests of any other person or entity, including any Site user.

• Bypass or manipulate our fee structure, billing process, or fees owed to Grower Tractors, its distributors, or business partners.

• Falsify or manipulate identifiers to disguise the origin of any message or transmission you send to GROWER Tractors on the Site or through it.

• Impersonate another person or entity, or misrepresent yourself as another person or entity.

• Use the Site for any unlawful purposes, prohibited by these Terms of Use, or request the performance of any unlawful activity or any activity that infringes on the rights of GROWER Tractors or third parties.

Intellectual Property Rights.

Except as expressly stated in the “License Grant” section of these Terms of Use, you agree and acknowledge:

• That GROWER Tractors owns or has licensed all rights under patent, copyright, trade secret, trademark laws, as well as other moral or proprietary rights, and all corresponding applications, renewals, extensions, and restorations, currently or hereafter in force worldwide (“Intellectual Property Rights”) in relation to the Sites and the Content, including but not limited to the design, structure, selection, coordination, expression, appearance, and organization of the Content or material included in the Sites (“Grower Tractors IP”).

• That you have no rights or license to the Intellectual Property Rights related to any Site or Content.

• That GROWER Tractors owns all rights and title to all replacements, enhancements, updates, repairs, derivative works, and other modifications (including but not limited to the incorporation of ideas, methods, or processes provided by you or through you) to GROWER Tractors IP, provided by any person, even if paid for by you and regardless of whether they are similar to your own Intellectual Property Rights. You must take all necessary actions to confer such ownership to GROWER Tractors, including but not limited to assigning (and hereby assign) to GROWER Tractors all Intellectual Property Rights, including but not limited to patents, patent applications, moral rights, and copyrights arising from or related to a Site or Content.

• That no part of this Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including mirror data) to any other computer, server, website, or medium for publication or distribution for another company, without the prior written consent of Grower Tractors.

• That all trademarks appearing on the Sites and Content belong to GROWER Tractors or their respective owners and are protected by U.S. and international trademark and copyright laws. Any use of such trademarks without the express written consent of GROWER Tractors or the trademark owner, as applicable, is strictly prohibited.

• That GROWER Tractors may, at its discretion, deactivate and terminate access to the Sites and Content for any person or entity that infringes Grower Tractors’ or third parties’ Intellectual Property Rights.

License Grant

GROWER Tractors grants you a limited, non-exclusive, non-transferable, and non-assignable license (without the right to sublicense to third parties) to access and use the Sites solely for legitimate business purposes and other purposes that comply with these Terms of Use. You may not:

• Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.

• Sublicense, rent, sell, lease, loan, or otherwise transfer any Site or Content to any third party.

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any Site or Content.

• Use or copy any Site or Content in any manner other than as expressly permitted under this License Grant or these Terms of Use.

• Use any Site or Content in a “service bureau” or similar arrangement where third parties gain access to any Site or Content through you.

• Remove, obscure, or alter any copyright, trademark, or other proprietary notices attached to, embedded in, or incorporated into any Site or Content.

Copyright Agent

GROWER Tractors respects all copyrights and has therefore adopted and implemented a policy providing for the removal of any material infringing copyrights from its Sites. If you believe that your work has been copied in a way that constitutes a copyright infringement, please provide GROWER Tractors’ copyright agent with the following information required by the Copyright Act’s safe harbor provisions.

• The physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

• Identification of the copyrighted work that is alleged to have been infringed or, if multiple copyrighted works are covered by a single notification on one online site, a representative list of such works at that site.

• Identification of the material that is allegedly infringing or the subject of infringing activity and the information sufficient to locate it.

• Sufficient information to allow us to contact the complaining party.

• A statement that the complaining party believes in good faith that the use of the material in the manner alleged is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Submissions

When you access or use any Site, you may be asked for optional personal information (including your name and a device identifier). GROWER Tractors collects such data, along with information about the system of the device you use, including the device name, operating system, software version running, and IP address, to verify that you are authorized to use this Program, improve GROWER Tractors’ products and services, and allow GROWER Tractors’ distributors to know who is using the Site within their territory. GROWER Tractors may provide such information to its affiliates, subsidiaries, or other trusted companies or individuals, including its distributors.

GROWER Tractors will take reasonable and appropriate precautions to protect the confidentiality of such information; however, GROWER Tractors may, or you may through the use of any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information or using a Site, you consent to GROWER Tractors’ collection, processing, and transfer of information in accordance with this paragraph.

Our privacy statement provides additional information about the data collection and processing practices on the Sites described here. We may update our Privacy Statement for Sites at any time. Additionally, different or additional privacy policies may apply to each specific Site.

Privacy

When you access or use any Site, you may be asked to provide optional personal information (including your name and a device identifier). GROWER Tractors collects such data, along with information about the system of the device you use, including the device name, operating system, software version running, and IP address, to validate that you are authorized to use this Program, improve GROWER Tractors’ products and services, and allow GROWER Tractors’ distributors to know who is using the Site within their territory.

GROWER Tractors may provide such information to its affiliates, subsidiaries, or other trusted companies or individuals, including its distributors. GROWER Tractors will take reasonable and appropriate precautions to protect the confidentiality of such information; however, GROWER Tractors may, or you may through the use of any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information or using a Site, you consent to GROWER Tractors’ collection, processing, and transfer of information in accordance with this paragraph. Our privacy statement provides additional information about the data collection and processing practices on the Sites described here. We may update our Privacy Statement for Sites at any time. Additionally, different or additional privacy policies may apply to each specific Site.

Interactive Forum and User Materials

The Sites may, from time to time, include discussion forums and interactive areas. Notwithstanding the scope of any other provision of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

• Upload to the Site, distribute, or otherwise publish through any Site, any messages, data, information, text, or other materials (“User Materials”) that are unlawful, defamatory, obscene, pornographic, indecent, lewd, threatening, harassing, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

• Upload or transmit User Materials that could constitute or encourage a criminal offense, infringe the rights of any party, or otherwise create liability or violate any local, state, national, or international law.

• Upload or transmit User Materials that infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of third parties. By posting any User Content, you represent and warrant that you have all necessary rights to distribute and reproduce such User Materials.

• Without GROWER Tractors’ written consent, distribute or publish unsolicited promotions, advertisements, or solicitations for funds, goods, or services, including unsolicited bulk email.

• GROWER Tractors is not responsible for and assumes no liability for User Materials posted or uploaded by you or any third party, nor for errors, defamation, libel, slander, omissions, falsehoods, obscenities, pornography, or blasphemy that may be found. As an interactive service provider, if applicable, Grower Tractors is only a forum and assumes no responsibility for statements, claims, or User Materials provided by its users.

GROWER Tractors has the right, but not the obligation, to monitor all activity and User Materials associated with its forums and interactive areas. GROWER Tractors may investigate any reported violation of its policies or claims and take actions it deems appropriate. Such actions may include, among other things, issuing warnings, suspending or terminating service contracts, or removing posted User Materials. GROWER Tractors reserves the right, at its sole discretion, to remove, review, or edit User Materials that violate these provisions or that are otherwise objectionable.

You will be solely responsible for any messages or other User Materials that you upload to the Site or transmit through it, including discussion forums or interactive areas of any Site.

Forward – Looking Statements

The Sites and any documents issued by GROWER Tractors that are available on a Site may contain statements related to expectations and future events and, as such, constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Expressions such as “believe,” “estimate,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend to,” “may,” “should,” or other similar expressions often indicate forward-looking statements. All statements not referring to historical facts are forward-looking statements, including, among others, statements regarding our vision, projections, forecasts, or descriptions of trends.

We do not guarantee the fulfillment of such statements in the future and do not commit to updating them. Actual results of GROWER Tractors may differ significantly from those described or implied in our forward-looking statements due to various factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets where we operate; (ii) government fiscal and monetary policies and infrastructure spending; (iii) increases in raw material or component prices, fluctuations in demand for our products, or limited availability of raw materials and components, such as steel; (iv) our ability and the ability of our customers, distributors, and suppliers to access and manage liquidity; (v) political and economic risks and instability, such as domestic or international conflicts, and social unrest; (vi) our ability and the ability of GROWER Tractors Financial to maintain creditworthiness, avoid significant increases in borrowing costs, and access capital markets; (vii) the financial condition and creditworthiness of GROWER Tractors Financial’s customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) international trade and investment policies; (xi) market acceptance of our products and services; (xii) changes in the competitive environment, such as market share, pricing, geographic and product sales mix; (xiii) successful implementation of capacity expansion projects, cost reduction initiatives, or productivity or efficiency initiatives, such as the GROWER Tractors Production System; (xiv) inventory management decisions and sourcing practices of our distributors or original equipment manufacturers; (xv) compliance with environmental laws and regulations; (xvi) actual or alleged violations of commercial or anti-corruption laws and regulations; (xvii) additional tax exposure or spending; (xviii) currency fluctuations; (xix) our or GROWER Tractors Financial’s compliance with financial covenants; (xx) increased pension plan funding obligations; (xxi) labor disputes or other labor issues; (xxii) significant legal proceedings, claims, lawsuits, or investigations; (xxiii) compliance requirements if new carbon emissions legislation or regulations are adopted; (xxiv) changes in accounting standards; (xxv) failure or breach of information technology security; (xxvi) adverse effects of natural disasters; and (xxvii) other factors described in more detail in the “Management Discussion and Analysis” and “Risk Factors” sections of our recently filed Form 10-K with the U.S. Securities and Exchange Commission.

Press Releases

The content included in press releases issued by GROWER Tractors should not be considered accurate or updated except as of the date of publication of the release. GROWER Tractors has no intention to update—and specifically disclaims any obligation to update—the information contained in press releases.

To the extent the information contained therein relates to future matters, it will be considered subject to the protection of forward-looking statements and material risks.

No Warranties

GROWER Tractors, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, AFFILIATES, REPRESENTATIVES, AND LICENSORS (THE “GROWER TRACTORS PARTIES”) DISCLAIM ALL LIABILITY FOR DAMAGES ARISING FROM YOUR USE OF ANY SITE OR CONTENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH QUALITY, PERFORMANCE, ACCURACY, AND EFFORT; (b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE GROWER TRACTORS PARTIES MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROFESSIONAL WORKMANSHIP, ACCURACY, PEACEFUL ENJOYMENT, OR NON-INFRINGEMENT, OF LIENS, RETAINER RIGHTS, OR BREACH; (2) WARRANTIES ARISING FROM TRANSACTIONS OR USAGE OF TRADE; (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SITES AND CONTENT; AND (4) WARRANTIES THAT ACCESS TO THE SITES AND CONTENT OR USE OF THESE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, OR BE ERROR-FREE; AND (c) YOU WILL ACCESS THE SITE OFFERS OR CONTENT OR USE THEM AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA EXPERIENCED BY YOUR COMPUTING SYSTEMS AS A RESULT OF SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND THE INFORMATION PROVIDED THEREIN (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE, OR PERFORMANCE STATUS OF MACHINES, YOU WILL BE SOLELY RESPONSIBLE AND WILL ASSUME ALL RISKS FOR THE PROPER OPERATION, SUPPORT, AND MAINTENANCE OF THE MACHINES. NO WARRANTY SHALL EXCEED THE EXPRESS PROVISIONS SET FORTH IN THESE TERMS OF USE.

Limitation of Liability, indemnification

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GROWER TRACTORS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING CUSTOMERS) FOR DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD-PARTY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM DOWNTIME, AND OTHER SIMILAR ISSUES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF GROWER TRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY ESTABLISHED UNDER THESE TERMS OF USE AND SHALL REMAIN IN EFFECT IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE CONSIDERED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER DAMAGES ARISE FROM A BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, PROVIDED THAT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL GROWER TRACTORS’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, CLAIMS, WHETHER ARISING UNDER CONTRACTUAL PROVISIONS, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EXCEED THE AMOUNT YOU PAID TO GROWER TRACTORS IN THE MOST RECENTLY COMPLETED MONTH FOR ACCESS TO THE SITE OR CONTENT, OR USE THEREOF.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of liability for certain damages. If these laws are applicable, some or all of the aforementioned disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless each of the GROWER Tractors Parties against any claims, actions, lawsuits, proceedings, or other legal processes brought against them by any third party in relation to (a) your use of any Site (including messages or other User Materials you post or upload to an interactive forum), (b) your breach of these Terms of Use, or (c) your violation of any legal provision, rule, or third-party right.

You will pay all costs, damages, and expenses, including but not limited to reasonable attorney’s fees and court costs, incurred by the GROWER Tractors Parties in connection with any claim, action, lawsuit, or other proceeding.

Termination

At its discretion, GROWER Tractors may deactivate your username and password and terminate your right to access or use the Sites and Content at any time and for any reason. The license granted hereunder will automatically terminate without any action by GROWER Tractors if you breach these Terms of Use or fail to comply with any of the restrictions set forth herein.

Upon termination of these Terms of Use for any reason, you must cease using the Sites and Content and destroy any copies, in whole or in part, of all Confidential Information. Upon request by GROWER Tractors, you will provide GROWER Tractors with a written statement signed by you or a duly authorized representative certifying that all Confidential Information has been effectively destroyed.

The provisions in the sections “No Warranties,” “Limitation of Liability, Indemnification,” “Confidentiality,” “Compliance with Imports and Exports,” “Contractual Limitations,” and “Governing Law, Severability” will survive the termination of these Terms of Use.

Site Updates

We reserve the right, at our sole discretion, to modify all Sites and Content at any time and without prior notice, including removing any Site or Content. As new or improved versions of the Sites become available, we will ask you to update your related software. You may be required to install updates in order to continue using the Sites or to access new features or services. However, there is no obligation for GROWER Tractors to provide any updates or to support or continue to support any version of the Sites or Content.

We also reserve the right to establish or modify terms and conditions concerning access to any Site or Content at our sole discretion.

Linked Sites

The Sites may contain links to other websites or third-party resources (“Linked Sites”). These Linked Sites are provided solely for your convenience and are not controlled by GROWER Tractors; additionally, GROWER Tractors is not responsible for the content, information, or materials found on such Linked Sites, nor does GROWER Tractors endorse them. You should use your own judgment when interacting with these Linked Sites.

Compliance with Imports and Exports

You may not use, export, or reexport the Sites or the Content except as authorized by U.S. law and the laws of the territory in which you obtained the Site, the Content, and the Service Offers. In particular, but not limited to, the Sites and the Content may not be exported or reexported to (a) any country embargoed by the U.S. or (b) to any person named on the U.S. Department of the Treasury’s Specially Designated Nationals List or the U.S. Department of Commerce’s Entity List or Denied Persons List. You represent and warrant that access to and use of the Sites and the Content will not violate such laws and that you are not in any of those countries or on any of those lists. You also agree not to use any Site or Content for any purpose prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, biological, chemical, or missile weapons.

U.S. Government Rights

The Sites and Content are “Commercial Items,” as defined in Title 48 of the C.F.R. (Code of Federal Regulations), Section §2.101, pertaining to “Commercial Computer Software” and “Commercial Computer Software Documentation,” in accordance with the usage of such terms in Title 48 of the C.F.R., Section §12.212 or Section §227.7202, as applicable. In accordance with Title 48 of the C.F.R., Section §12.212 or Sections §227.7202-1 through §227.7202-4, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) only with the rights granted to all other end users under the provisions contained herein.

Contractual Limitations

You agree not to initiate any claim against GROWER Tractors or take any action to resolve a dispute arising directly or indirectly from these Terms of Use related to any event that occurred more than 12 months after the first date on which the facts are based or that could, with reasonable diligence, have been known by you.

Governing Law, Severability

These Terms of Use are governed by the laws of the State of Illinois, U.S. (without regard to conflict of laws principles). Each party submits to the exclusive jurisdiction of the courts located in that place. If a competent court determines that any provision of these Terms of Use, or its application, is invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of these Terms of Use, which will remain in full force and effect and will be interpreted to reasonably effectuate the intent of the parties.

Additionally, the parties agree to replace any invalid or unenforceable provisions with valid and enforceable provisions to achieve, within the limits of applicable law, the commercial purpose and intent of the invalid or unenforceable provision. The provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply.

We recognize that you may access this site from anywhere in the world, but we do not have the practical ability to prevent such access. The design of this site is intended to comply with the provisions of the State of Illinois and the United States. If any Content or User Materials on any Site or your use of any Site would be contrary to the laws of the place from which you access it, the Site is not intended for you, and we request that you do not use it. You should be aware of the laws of your territory and comply with their provisions.

Entire Agreement

These Terms of Use (including, as applicable, any additional terms and conditions for any particular Website and any associated end-user license agreement for software, including mobile applications) constitute the entire agreement between you and us regarding the Sites and Content, and replace any prior agreements. Section titles in the Agreement are for convenience only and have no contractual or legal effect. The terms and conditions of any quotation, offer, acknowledgment, invoice, or similar document, regardless of its name, directly or indirectly prepared or issued by you, will not apply.