Welcome to the DuPont Pioneer Equipment Sales website. In this Visitor Agreement, the terms "DuPont Pioneer," "we," "us," and "our" refer to Pioneer Hi-Bred International, Inc. and the terms "you" and "your" refer to you as a user of this website. The term “Parties” collectively refers to Pioneer Hi-Bred International, Inc. and users of this website.
1.2 The material that appears on this website is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the site may, from time to time, contain errors. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification. We invite you to bring to our attention any materials or information on our website that you believe to be inaccurate. Please contact us () with an explanation of the inaccuracies.
1.3 If you do not agree to be bound by the terms of this Visitor’s Agreement, you may not use the DuPont Pioneer Equipment Sales website or the services or the other features offered.
2.1 The DuPont Pioneer Equipment Sales website contains a vehicle and equipment listing service that displays fleet vehicles and equipment for bid under an auction system. We reserve the right, in our sole and absolute discretion, to reject or void bids for any reason or no reason at all. Should a dispute arise regarding a bid or product description, we are the exclusive authority for resolving disputes. You agree to indemnify, defend and hold us harmless from any and all liability arising out of decisions made in resolving disputes. The price and other terms of any sale remain subject to direct negotiation even after a bid is accepted on the DuPont Pioneer Equipment Sales website.
2.2 After your bid is accepted on the DuPont Pioneer Equipment Sales website, you will be contacted by a DuPont Pioneer representative within two (2) business days. The Parties shall then execute a separate binding purchase agreement that fully specifies the price, terms, conditions, fees, and applicable law associated with the sale of equipment or a motor vehicle as applicable. This separate purchase agreement shall control over any inconsistency shown on the DuPont Pioneer Equipment Sales website and shall specifically override any rights, remedies, or causes of action available to you under applicable law. If you become unwilling or unable to purchase the item under a separate purchase agreement, you shall forfeit any and all interest in the item in question and the item shall be relisted on the DuPont Pioneer Equipment Sales website for auction. In addition, you shall be liable for any and all damages and other losses related to your failure to purchase an item or motor vehicle after a winning bid, including but not limited to, document preparation fees, relisting charges, additional storage, or similar charges experienced by DuPont Pioneer as a result of your failure to enter into a binding purchase agreement after your bid is accepted on the DuPont Pioneer Equipment Sales website.
2.3 The prices listed and bid amounts placed on the DuPont Pioneer Equipment Sales website exclude delivery, sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle, as applicable. This final sales price shall be stated in the binding purchase agreement described in paragraph 2.2 of this Visitors Agreement. Before purchasing a vehicle listed on the DuPont Pioneer Fleet Sales website, you should confirm any information, including the total price, which is important to your purchasing decision. It is your responsibility to comply with any customs import procedures applicable to foreign titled vehicles. Customs inspection, import fees, and proof of emissions compliance may be required.
2.4 DuPont Pioneer is not responsible for, and does not guarantee the performance of any vehicles listed or researched on the DuPont Pioneer Equipment Sales website. Further, DuPont Pioneer does not guarantee or warrant clear title to any motor vehicle listed on the DuPont Pioneer Equipment Sales website. We do not guarantee any vehicle sold can legally be registered in any state or country. You accept all risk associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the market of vehicles purchases on the DuPont Pioneer Equipment Sales website.
2.5 Our used car listings may include vehicles that have been “certified” as meeting certain standards established by manufacturers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer and only the manufacturer that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying a certified vehicle.
2.6 When using this website to find a vehicle or equipment to purchase, you should use the same common sense and good judgment you would use in responding to a classified ad in the newspaper.
OWNERSHIP AND INTELLECTUAL PROPERTY
3.1 This website is provided to end users for their personal, non-commercial use only. The materials on this website are the property of DuPont Pioneer, or its affiliates or licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. As such, DuPont Pioneer or third parties granting rights to DuPont Pioneer hold all right, title, and interest in and to the pages and screens on this website and to all products, services, content, material, information, data, scripts, software, code, mobile device applications and various other functionalities and applications available on, through or with reference to such website. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website. You may display and occasionally print a single copy of any page of this website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website without our prior written consent. You may not store any significant portion of, nor distribute copies of, materials found on this website, in any form (including electronic form), without our prior written permission. Requests for permission to reproduce or distribute materials found on this website should be sent to our Customer Service Representatives.
3.2 Pioneer, the Trapezoid symbol, and all other products, programs and services denoted with ™, ®, or SM, are trademarks, registered trademarks of DuPont Pioneer. The DuPont oval logo is a registered trademark of DuPont. The names of other products and services referred to on the website may be the trademarks of their respective owners. You may not use any trademark or service mark without the prior written consent of the owner of the mark.
3.3 You acknowledge that by transmitting or posting any material on or through our website, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the website. Among other uses of user materials, DuPont Pioneer uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
4.1 Our website may allow access to social media where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
4.2 You assume total responsibility and risk for your use of any interactive areas of our website. You acknowledge that any of the user-generated content posted or transmitted through our website represents the views of the author, and not of DuPont Pioneer. You also acknowledge that your use or reliance on such content is at your own risk.
4.3 When publishing anything to or about our site or using any social media or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory,inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a persons' privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation.
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations;
- material discussing illegal activities or linking to websites that deal with such activities;
- material that intentionally or unintentionally violates international, national, state or local law.
- material that is likely to deceive; or
- material that gives the impression that it emanates from, or is endorsed by, DuPont Pioneer, if this is not the case.
4.4 You further agree that you will not attempt or do any of the following:
- interfere with or disrupt this website or our computer systems, software, hardware, servers, or networks;
- attempt to gain unauthorized access to any part of the website, to accounts that belong to other users, or to computer systems or networks connected to the website;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, spiders or otherwise
- collect information about others without their consent;
- interfere with the use of our website by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on our website with any other persons.
4.5 Without limiting any of the other rights or remedies available to DuPont Pioneer under applicable law, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the website or on our affiliated websites and services, and/or a ban from creating new accounts.
4.6 Although DuPont Pioneer reserves the right (but assumes no obligation) to delete, move, condense or edit any advertising, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, the public, us or our affiliates. Notwithstanding the foregoing, DuPont Pioneer takes no responsibility and assumes no liability for any content posted to our website by you or by third parties.
4.7 You acknowledge that we will have the right to report to law enforcement any action that may be considered illegal, as well as any reports received regarding illegal activity. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
5.1 You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of our website to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the website or any part of the website.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
6.1 IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." WE AND OUR AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DUPONT PIONEER AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
6.2 UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DUPONT PIONEER AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE. TO THE EXTENT ANY LIABILITY ARISES ON BEHALF OF DUPONT PIONEER RELATED TO THE WEBSITE OR SERVICES, YOU AGREE THAT THE MAXIMUM LIABILITY OF DUPONT PIONEER WILL BE $25.00 U.S. DOLLARS.
6.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
6.4 ALL LISTED ITEMS ARE SOLD “AS-IS WHERE-IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ALL OF WHICH ARE DISCLAIMED BY DUPONT PIONEER. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INVESTIGATE OR INSPECT VEHICLES PRIOR TO BIDDING.
6.5 YOU AGREE TO INDEMNIFY DUPONT PIONEER AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF THIS VISITOR AGREEMENT.
7.1 To obtain access to certain services you may be required to register on our website. As part of the registration process, you will be required to select a user name and a password. You represent and warrant that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Further, you agree to keep your information true, accurate and complete by logging onto the DuPont Pioneer Equipment Sales website and updating your account information promptly if your information changes. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website or any services or features through any username/password assigned to you. You will notify a DuPont Pioneer Equipment Sales Customer Service Representative of any known or suspected unauthorized use of your account.
NOTICE OF COPYRIGHT INFRINGEMENT
8.1 DuPont Pioneer responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the website can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below. Please note that this procedure is exclusively for notifying DuPont Pioneer that you believe your copyrighted material has been infringed. DuPont Pioneer does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, DuPont Pioneer will respond by either taking down the allegedly infringing content or blocking access to it. DuPont Pioneer may contact the notice provider to request additional information. Under the DMCA, DuPont Pioneer is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send DuPont Pioneer a counter-notification. Notices and counter-notices are legal notices distinct from regular website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
(a) Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
(b) Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
(c) Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
(d) If available, provide information sufficient to permit us to notify the Alleged Infringer (screen name or email address preferred);
(e) Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
(f) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
(g) Be signed; and
(h) Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
7100 NW 62nd Avenue
Attn: TBI Group
Johnston, IA 50131-0552
Fax: (515) 535-3959
9.1 This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Iowa, without regard to its choice of laws rules. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Polk County, Iowa in all disputes arising out of or relating to this Visitor Agreement or the use of this website.
9.2 Please report any violations of this Visitor Agreement to our Customer Service Representatives.