Terms of Use

These Terms of Use were last updated on 07/12/2024.
ATTENTION: BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to the Terms of Use for the Diamond Mowers®, LLC (“we,” “us,” or “Diamond Mowers”) website at www.diamondmowers.com (this “Website”). By using this Website, you’re agreeing to follow the terms and conditions laid out in these Terms of Use. If you don’t agree, then this Website isn’t for you.

Modifications
We might update or change these Terms of Use from time to time. When we do, we’ll update the “last updated” date at the top of this page. Modifications will go into effect two (2) days after they’re posted on this Website. Check back periodically for changes. If you keep using this Website after the changes are posted, that means you accept those changes.

We might update this Website at any time. While we do our best to keep the product descriptions and related services up to date, you should double-check with your local dealer. Visit www.diamondmowers.com and use the dealer locator to find your nearest dealer.

Scope of Use
Feel free to view, use, and download small portions of the product descriptions, data, text, graphics, software, audio, video files, and photos on this Website (“Content”) for your own information and non-commercial use. Just make sure you keep all the copyright, trademark, and other proprietary notices intact. Don’t modify, display, or distribute this Website or any part of it without our written permission.

Rules of Conduct
Certain areas of this Website may let you upload or post Content (like messages and feedback) or interact with the Website and other users. When using this Website, it’s against the rules for any user (including you) to:

Use this Website for anything illegal or that goes against any applicable laws or regulations.
Upload, post, email, or distribute any Content that you don’t have the right to transmit under any law or under contractual or fiduciary relationships (like inside information, confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements).
Upload, post, email, or distribute someone else’s proprietary information (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) without the express permission of the owner of such right. Anyone who repeatedly violates others’ intellectual property rights will be banned from accessing or using this Website.
Copy, sell, resell, or exploit for commercial purposes any portion of this Website, except as allowed in the “Scope of Use” section above.
Upload, post, email, or distribute any Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or that violates someone else’s personal privacy rights.
Intentionally forge headers, manipulate identifiers, or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information.
Upload, post, email, or distribute any Content that contains software viruses, trap doors, hot keys, time bombs, or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website.
Use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any Content without our prior express written permission.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion.
Send unsolicited commercial messages or communications in any form (spam).
Decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code or trade secrets of this Website.
Assist or permit any persons in engaging in any of the activities described above.

Each user of this Website, including you:

Is responsible for the Content that they create and submit to this Website, and the consequences of its use or submission.
Is responsible for ensuring that the Content they transmit and receive through this Website complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use.
Is responsible for ensuring that all Content they transmit to this Website is accurate, truthful, up-to-date, and complete.

We may preserve Content and may also disclose Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

Comply with legal process.
Enforce these Terms of Use.
Respond to claims that any Content violates the rights of third parties.
Protect the rights, property, or personal safety of Website users, the public, and us.

User Submissions
By submitting Content to this Website (like feedback), you’re granting us a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, and transmit that Content for any purpose. You’re also waiving any moral rights and publicity rights in that Content.

Usage Monitoring
Diamond Mowers doesn’t pre-screen the Content you submit to this Website, and we’re not responsible for policing, monitoring, or editing that Content. We have the right, but not the obligation, to monitor Content and Website use to improve performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and our other policies and procedures.

Pricing
Diamond Mowers may choose to list manufacturer suggested retail pricing or promotion pricing of its products and services. Diamond Mowers, LLC reserves the right to change product prices, specifications, or options at any time without prior notice. The listed prices don’t include freight, dealer prep, surcharges, sales tax, or options and accessories. The selling dealer will determine the final sales price. Pricing is country-specific.

Specifications
Certain specifications are based on engineering calculations and aren’t actual measurements. Specifications are provided for comparison purposes only and are subject to change without notice. Specifications for your individual Diamond Mowers equipment will vary based on normal variations in design, manufacturing, operating conditions, and other factors.

Warranty
Products are warranted as set forth in the Limited Warranty terms found elsewhere on this website.

Trademark and Intellectual Property Protection
The “Diamond Mowers®” trademark and logo are registered trademarks of Diamond Mowers, LLC. Unauthorized use of any Diamond Mowers trademarks, service marks, or logos may be a violation of federal and state trademark laws.

Diamond Mowers and/or its licensors own all intellectual property rights in this Website. This Website is protected by U.S. and international copyright laws. Except as expressly described in the “Scope of Use” section above, you may not modify, reproduce, perform, or display:

The content on this Website.
The design or layout of this Website, or individual sections of the design or layout of this Website.
Diamond Mowers trademarks, service marks, or logos without our written permission.

Please see this Website for our additional policies, including our procedures relating to Copyright Infringement, all of which are incorporated herein by reference.

Links
This Website may contain links to websites operated by other parties. The linked sites aren’t under the control of Diamond Mowers, and we’re not responsible for the content available on any other Internet sites linked to this Website. Such links don’t imply Diamond Mowers’ endorsement of material on any other site, and Diamond Mowers disclaims all liability with regard to your access to such linked sites. Diamond Mowers provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.

Unless otherwise set forth in a written agreement between you and Diamond Mowers, you may link your website to the home page of our Website, provided that you follow our linking policy:

Any link to Diamond Mowers’ Website must be a text-only link and clearly marked “Diamond Mowers Company Website.”
The appearance, position, and other aspects of the link may not damage or dilute the goodwill associated with Diamond Mowers’ name and trademarks.
The link must “point” to the URL www.diamondmowers.com and not to other pages within the Diamond Mowers Website.
The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Diamond Mowers, LLC.
When selected by a user, the link must display the Diamond Mowers Website on full-screen and not within a “frame” on the linking site.
Diamond Mowers reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Violations
Diamond Mowers reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to this Website.

Governing Law and Miscellaneous
The laws of the State of South Dakota shall govern these Terms of Use. This Website is operated by Diamond Mowers from the United States of America. Diamond Mowers makes no representation that the information in this Website is appropriate or available for use in other locations, and access to the Diamond Mowers Website from territories where the content of the Diamond Mowers Website may be illegal is prohibited. Those who choose to access the Diamond Mowers Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between Diamond Mowers and you with respect to the www.diamondmowers.com Website.

Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Minnehaha County, South Dakota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary in the foregoing, Diamond Mowers may obtain from a court any interim or provisional relief that may be necessary to protect Diamond Mower’s rights or property.

Questions
If you have any questions about our Terms of Use, please contact us.