PLEASE READ CAREFULLY!
We may update this Website at any time. While we endeavor to keep this Website’s descriptions of our products and related services up to date, you should verify this information with your local dealer. To locate your closest dealer, visit www.diamondmowers.com and select on dealer locator.
Scope of Use
We invite you to view, use and download small portions of the product descriptions, other data, text, graphics, software, audio and video files and photos on this Website (“Content”) for your informational, non-commercial use, provided that you leave all the copyright, trademark, and other proprietary notices intact. You shall not modify, display or distribute this Website or any portion thereof without written permission.
Rules of Conduct
(a) use this Website for illegal purposes or in violation of any applicable laws or regulations;
(b) upload, post, e-mail or distribute any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, post, e-mail or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) without the express permission of the owner of such right; any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from accessing or using this Website;
(d) copy, sell, resell or exploit for commercial purposes, any portion of this Website, provided that you may use items of Content in accordance with the Scope of Use section above;
(e) upload, post, e-mail or distribute any Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(f) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information;
(g) upload, post, e-mail 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;
(h) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
(i) 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;
(j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by us in our sole discretion;
(k) send unsolicited commercial messages or communications in any form (spam);
(l) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of this Website; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of this Website, including you,
(a) is responsible for the Content that he or she creates and submits to this Website, and the consequences of its use or submission;
(c) is responsible for ensuring that all Content the user transmits 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:
(a) comply with legal process;
(c) respond to claims that any Content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Website users, the public and us.
By submitting Content to this Website (such as feedback), you grant to 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 such Content for any purpose, and waive any moral rights and publicity rights in such Content.
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 do not include freight, dealer prep, surcharges, sales tax or options and accessories. The selling dealer will determine the final sales price. Pricing is country specific.
Certain specification(s) are based on engineering calculations and are not actual measurements. Specification(s) are provided for comparison purposes only and are subject to change without notice. Specification(s) for your individual Diamond Mowers equipment will vary based on normal variations in design, manufacturing, operating conditions and other factors.
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 (a) the content on this Website; (b) the design or layout of this Website, or individual sections of the design or layout of this Website; or (c) Diamond Mowers trademarks, service marks or logos without our written permission.
Please see this Website for our additional policies, including, without limitation, our procedures relating to Copyright Infringement all of which are incorporated herein by reference.
This Website may contain links to websites operated by other parties. The linked sites are not under the control of Diamond Mowers, and Diamond Mowers is not responsible for the content available on any other Internet sites linked to this Website. Such links do not 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 adhere to the following linking policy: (i) any link to Diamond Mowers’ Website must be a text only link and clearly marked “Diamond Mowers Company Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Diamond Mowers’ name and trademarks, (iii) the link must “point” to the URL www.diamondmowers.com and not to other pages within the Diamond Mowers Website, (iv) 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, (v) 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, and (vi) Diamond Mowers reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Governing Law and Miscellaneous
Any controversy or claim arising out of or relating to these Terms or 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.
© 2020 Diamond Mowers®, LLC. All rights reserved.