Welcome to Bobcat Asset Manager

...Here French Terms & Condition will be placed...









TERMS OF USE

USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE.

Last Update: December21, 2017

The Bobcat Asset Managerweb site (the ?Site?) is provided by Wells Fargo Vendor Financial Services, LLC and its affiliates (collectively, the ?Owner?). Use of the Site is restricted to (i) Owner, (ii) Clark Equipment Company (?Clark?), (iii) businesses with a vendor program relationship or a strategic alliance agreement with Owner (each, a ?Dealer?) pursuant to which Owner has agreed to offer financing products to customers of Dealer to support the sale and distribution of equipment manufactured by Clark or distributed by Dealer, and (iv) any authorized representative of any of the foregoing, (each, a ?Representative?). The Site allows Owner, Clark, Dealers, and the Representatives of each of the foregoing to electronically access certain data based on the records of Owner, including information regarding equipment financed by Owner, customers of the Owner that have been referred to Owner by such Dealer and/or Clark, and lists of Owner?s inventory or returned equipment that are for sale by Owner. As used in these Terms of Use, the words ?we,??us,? and ?our? refer to Owner.

1. ACCEPTANCE OF TERMS OF USE. These Terms of Use constitute a binding agreement among you, (?you? or ? User?) and Owner. By accessing and/or using the Site, you agreeto accept and be bound by these Terms of Use as well as all other policies described in the Site, and expressly represent or warrant that you have been authorized as a Representative of Owner, Dealer or Clark, as the case may be, to utilize the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

2. SECURITY CREDENTIALS. Use of the Site is restricted to authorized Representatives of Owner, Clark, and each Dealer.  Representatives will be provided a user profile and/or selected a valid user ID, password, PIN, or other secure device or protocol required to use the Site (collectively referred to as ?Security Credentials?). It is your responsibility to ensure that your Security Credentials are known to, and used only byyou to access the Sitein your capacity as a Representative of Owner, Clark or your Dealer. Your Security Credentials should never be shared with anyone outside of your organization or within your organization to an individual that is not a Representative. You will be solely responsible for all actions taken through the use of your Security Credentials, and Owner, Clark and each Dealer shall be responsible for the conduct of their respective Representatives on this Site. You will immediately notify Owner if you become aware of any unauthorized access to or use of your Security Credentials and/or the Site, or if your Security Credential is lost or stolen. Owner may require you to change your Security Credential periodically and may also require the use of additional security protocols to access the Site.

3. SITE SECURITY PROCEDURES. In using the Site you will be receiving information directly from Owner through the Internet. You acknowledge that when the Internet, or any other electronic communications facilities, is used to transmit or receive information the information may be accessed by unauthorized third parties. To reduce the likelihood of such third party access, you agree to receive information through the Site using only software, including, but not limited to, browser software, or other access devices that support the Secure Socket Layer (SSL) protocol (or other protocols required by or acceptable to Owner), and to follow the procedures that support such protocols.

4. CHANGES TO TERMS OF USE.These Terms of Use may be changed from time to time and without further notice.  Your continued use of the Site after any such changes constitutes your acceptance of the new terms.  If you do not agree to abide by these or any future terms, you may not use the Site or download information or materials from it. 

5. RESTRICTING OR TERMINATING ACCESS TO THE SITE.Owner may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any and/or all features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Owner may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Additionally, Owner may terminate these Terms of Use or your access to the Site in its sole discretion,with or without notice, at any time, including, without limitation,in the event you have violated any provision of these Terms of Use. Owner will have no liability to you for any losses or damages you may suffer or incur as a result of (i) any termination of these Terms of Use or (ii) inability to access any portion of the Site or the entire Site.

6. USER CONDUCT.You agree that you will not:

A. Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Owner reserves the right to release all relevant details to law enforcement and/orsystem administrators at other websites in order to assist them in resolving security incidents.  Additionally, Owner reserves the right to report your conduct to Clark and/or the Dealer.

B. Disrupt or interfere with any other person's use of the Site or affiliated or linked sites.

C. Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

D. Use or attempt to use another's account, service, or system without authorization from Owner, or create or use a false identity on the Site.

E. Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

F. Use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site.

G. Allow access to or use of the Site or any component thereof by or for the benefit of any third partiesor in furtherance of any unlawful purpose.

H. Upload, post, or otherwise transmit through or on this Site or to Owner's computer systems any computer virus, worm, time bomb, or other harmful, disruptive or destructive files or programming routines.

I. Transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, provided however, that you may utilize the Site to forward information related to inventory of the Owner to third parties with whom you have a pre-existing relationship.

J. Link to the Site from third-party websites, except to the home page of the Site in a manner that displays the home page full-screen in a fully operable and navigable browser window (i.e., not within a ?frame? on the linked website).

K. Incorporate into another Site or other service any intellectual property of Owner or its licensors.

L. Create the appearance, by linking or otherwise, that User or any third party is associated with or sponsored by Owner.

In addition, you agree that youare responsible for actions and communications undertaken or transmitted under your account and that you will comply with all applicable local, state, national, and international laws and regulations that relate to the use of or activities on this Site.

7. CONFIDENTIALITY OF INFORMATION PROVIDED ON THE SITE; PRIVACY. The information provided on the Site is confidential and proprietary to and the sole property of Owner and may not by disseminated by youwithout the prior written consent of Owner, other than is expressly permitted by the Site.  You acknowledge that any actual or threatened violation of this Confidentiality provision may cause irreparable, non-monetary injury to Owner, the extent of which may be difficult to ascertain, and therefore agree that Owner shall be entitled to injunctive relief in addition to all other remedies available at law and/or in equity.Owner's Privacy Policy (https://www.wellsfargo.com/privacy-security), incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. If you are domiciled in Canada, the Owner?s Canadian Privacy Policy (https://www08.wellsfargomedia.com/assets/pdf/personal/privacy-security/Canada-Customer-Privacy-Notice-English.pdf is incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. Please refer to the appropriate Privacy Policy for more information.

8. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS.

A. Ownership. Owner (or its licensors, as applicable) retains all rights, title and interest, including, without limitation, all rights of copyright, patent, trademark, trade secret, and any other equivalent rights under applicable law, and all registrations, applications, renewals, extensions, continuations, divisions, reissues, or improvements thereof relating to the foregoing rights (together, ?Intellectual Property Rights?), in and to all: (1) [COPYRIGHTS] in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, and all works of authorship, of any kind or medium, including written, pictorial or graphic materials and computer software, code, and other program materials (? Software?); (2) [PATENTS] inventions, discoveries, ideas, and know-how relating to any process, business method, machine, manufacture or composition of matter; and (3) [TRADEMARKS] registered and unregistered trademarks, trade names, service marks, and logos (collectively, ?Property?), posted, disclosed or otherwise made available by Owner on the Site (? Owner Property?). Except as expressly provided in these Terms of Use, you shall not acquire any rights whatsoever in any Owner Property.

B. Confidentiality of Owner Property. All Owner Property posted on or used by Owner in the operation of the restricted areas of Site is confidential to Owner. Except as expressly provided in these Terms of Use, youmay not use or disclose any such Owner Property except to the extent necessary to facilitate your use of the Site in accordance with these Terms of Use.

C. Limited License. Subject to other restrictions in these Terms of Use, Owner grants youa non-exclusive, non-transferable, terminable, limited right to access, view and display the Site and the visible text, graphics, and images thereon, and to print and download certain items or pages posted on the Site solely in connection with you and your employer?s internal business purposes. You agree to reproduce all copyright and other proprietary notices on all such copies in the same manner and format that such copyright and other proprietary notices are included on the original Owner Property posted on the Site.

D. Prohibitions. (i) The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Owner's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Owner, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet, or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited.  (ii) Trademarks of Owner and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Owner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners. (iii) Owner's products and processes may be covered by one or more patents and are subject to other trade secret and proprietary rights. Owner reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Owner?s products or processes. (iv) Any Software, including any files, images generated by the software, code, and data accompanying the Software, used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Owner. Owner retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

9. USE OF YOUR INFORMATION. By accessing and using the Site you understand and agree that Owner may collect and retain certain information. The type of information Owner may collect, retain and use includes, but is not limited to, your name, address, phone number, email address, and the IP address of the computer(s) and device(s) you use to access the Site. Additionally, Owner may collect and retain information related to your usage of the site, including tracking your log-ins, your time and activity on the Site, including page views, click-throughs, and any e-mails sent to third parties through the ?First Look? e-mail functionality. Any and all of this information may be shared with Clark, Dealers or other Representatives, at Owner?s sole and complete discretion. The information may be stored in the United States or other countries, and is protected in accordance with Owner information security standards. You agree that Owner may send you email messages to the email address youhave provided to us. If you have provided us with a phone number, you agree that Owner may contact you at the phone number you have provided. By using the Site youacknowledge and agree that Owner may place cookies on the computer(s) or device(s) you use to access the Site. Cookies help us confirm your identity and help us keep your transactions secure. We also use cookies for various purposes such as maintaining continuity during an online session, gathering data about your use of the Site, or optimizing the performance of the Site. If you do not agree with how we may use your information, you may revoke your consent at any time by discontinuing your use of the Site and notifying Owner.

10. OWNER PRODUCT AND SERVICE INFORMATION; LIMITATIONS. All content available through this Site, including data, quotes, status reports, equipment pricing, and all other information is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Owner reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers of Section 13 below.  Owner has made what it believes to be a reasonable effort to guard the security of this Site's server. However, the Internet is generally accessible to the public, and any information available on the Internet, including any information you supply on this Site, may be accessible by unintended third parties. Your use of this Site and disclosure of personal or other information at this Site, on or through any server, are strictly at your own risk.

11. THIRD PARTY SITES.(A) This Site may from time to time contain links to other Web sites or other Internet information sources (?Third Party Sources?). These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by Owner of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.Owner makes no representation or warranty, and takes no responsibility, for the accuracy, content, or any other aspect of these sites and disclaims any liability to you in connection with such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You agree that neither Owner nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. (B) All links to this Site must be approved in writing by Owner, except that Owner consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link ?points? only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a ?frame? on the linked Web site, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Owner or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Owner or its affiliates. Owner reserves the right to revoke this consent to link at any time in its sole discretion.

12. TELECOMMUNICATIONS EQUIPMENT AND CHARGES.Youare solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Owner shall not be responsible for any communications line failure, equipment, or systems failure or other occurrence.

13. DISCLAIMER OF WARRANTIES. Owner is not your advisor or fiduciary with respect to these Terms of Use. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF AS TO THE AVAILABILITY OF THE SITE, OR THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED ON THE SITE, AND FURTHER DOES NOT MAKE ANY OTHER WARRANTY, PROMISE, COMMITMENT, GUARANTEE, OR REPRESENTATION.  THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.  THE INFORMATION PROVIDED ON THE SITE MAY BE UPDATED, ADJUSTED OR REFRESHED PERIODICALLY.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OWNER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OWNER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.  ANY PRICING OR AVAILABILITY INFORMATION WITH RESPECT TO INVENTORY FOR SALE SHALL NOT CONSTITUTE AN OFFER FOR THE SALE OF SUCH INVENTORY, AND CANNOT, THEREFORE, BE ACCEPTED BY YOU.

OWNER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

OWNER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OWNER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OWNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND USER. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

15. COMPLIANCE WITH LAWS. You agree to comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof (?Laws?) of the United States or any other jurisdiction where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.

16. GOVERNING LAW AND JURISDICTION.Regardless of the location from which you access the site, if you are domiciled in the United States of America, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of the State of New York, without regard to the principles of conflicts of law, and you hereby consent to the jurisdiction of and venue in the Supreme Court of the State of New York (New York County) and the United States District Court (S.D.N.Y.) for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum. Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.

Regardless of the location from which you access the site, if you are domiciled in Canada, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of Ontario, without regard to the principles of conflicts of law and you hereby consent to the jurisdiction of and venue of the Courts of Toronto for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum.Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.

17. INTERNATIONAL.This Site is controlled, operated and administered by Owner from its offices within the United States. Owner makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States or Canada, and your access to the Site from territories where its contents may be illegal is prohibited. 

18. GENERAL PROVISIONS. These Terms of Use constitute the entire agreement among you and Owner relating to the use of the Site, and supersede all prior or contemporaneous agreements with respect to your access and use of the Site. You may not assign or transfer any rights or obligations under these Terms of Use, whether by operation of law, asset purchase, merger or other corporate reorganization, or any other method, without Owner?s prior written consent. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

TERMS OF USE

USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE.

Last Update: December21, 2017

The Bobcat Asset Managerweb site (the ?Site?) is provided by Wells Fargo Vendor Financial Services, LLC and its affiliates (collectively, the ?Owner?). Use of the Site is restricted to (i) Owner, (ii) Clark Equipment Company (?Clark?), (iii) businesses with a vendor program relationship or a strategic alliance agreement with Owner (each, a ?Dealer?) pursuant to which Owner has agreed to offer financing products to customers of Dealer to support the sale and distribution of equipment manufactured by Clark or distributed by Dealer, and (iv) any authorized representative of any of the foregoing, (each, a ?Representative?). The Site allows Owner, Clark, Dealers, and the Representatives of each of the foregoing to electronically access certain data based on the records of Owner, including information regarding equipment financed by Owner, customers of the Owner that have been referred to Owner by such Dealer and/or Clark, and lists of Owner?s inventory or returned equipment that are for sale by Owner. As used in these Terms of Use, the words ?we,??us,? and ?our? refer to Owner.

1. ACCEPTANCE OF TERMS OF USE. These Terms of Use constitute a binding agreement among you, (?you? or ? User?) and Owner. By accessing and/or using the Site, you agreeto accept and be bound by these Terms of Use as well as all other policies described in the Site, and expressly represent or warrant that you have been authorized as a Representative of Owner, Dealer or Clark, as the case may be, to utilize the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

2. SECURITY CREDENTIALS. Use of the Site is restricted to authorized Representatives of Owner, Clark, and each Dealer.  Representatives will be provided a user profile and/or selected a valid user ID, password, PIN, or other secure device or protocol required to use the Site (collectively referred to as ?Security Credentials?). It is your responsibility to ensure that your Security Credentials are known to, and used only byyou to access the Sitein your capacity as a Representative of Owner, Clark or your Dealer. Your Security Credentials should never be shared with anyone outside of your organization or within your organization to an individual that is not a Representative. You will be solely responsible for all actions taken through the use of your Security Credentials, and Owner, Clark and each Dealer shall be responsible for the conduct of their respective Representatives on this Site. You will immediately notify Owner if you become aware of any unauthorized access to or use of your Security Credentials and/or the Site, or if your Security Credential is lost or stolen. Owner may require you to change your Security Credential periodically and may also require the use of additional security protocols to access the Site.

3. SITE SECURITY PROCEDURES. In using the Site you will be receiving information directly from Owner through the Internet. You acknowledge that when the Internet, or any other electronic communications facilities, is used to transmit or receive information the information may be accessed by unauthorized third parties. To reduce the likelihood of such third party access, you agree to receive information through the Site using only software, including, but not limited to, browser software, or other access devices that support the Secure Socket Layer (SSL) protocol (or other protocols required by or acceptable to Owner), and to follow the procedures that support such protocols.

4. CHANGES TO TERMS OF USE.These Terms of Use may be changed from time to time and without further notice.  Your continued use of the Site after any such changes constitutes your acceptance of the new terms.  If you do not agree to abide by these or any future terms, you may not use the Site or download information or materials from it. 

5. RESTRICTING OR TERMINATING ACCESS TO THE SITE.Owner may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any and/or all features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Owner may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Additionally, Owner may terminate these Terms of Use or your access to the Site in its sole discretion,with or without notice, at any time, including, without limitation,in the event you have violated any provision of these Terms of Use. Owner will have no liability to you for any losses or damages you may suffer or incur as a result of (i) any termination of these Terms of Use or (ii) inability to access any portion of the Site or the entire Site.

6. USER CONDUCT.You agree that you will not:

A. Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Owner reserves the right to release all relevant details to law enforcement and/orsystem administrators at other websites in order to assist them in resolving security incidents.  Additionally, Owner reserves the right to report your conduct to Clark and/or the Dealer.

B. Disrupt or interfere with any other person's use of the Site or affiliated or linked sites.

C. Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

D. Use or attempt to use another's account, service, or system without authorization from Owner, or create or use a false identity on the Site.

E. Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

F. Use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site.

G. Allow access to or use of the Site or any component thereof by or for the benefit of any third partiesor in furtherance of any unlawful purpose.

H. Upload, post, or otherwise transmit through or on this Site or to Owner's computer systems any computer virus, worm, time bomb, or other harmful, disruptive or destructive files or programming routines.

I. Transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, provided however, that you may utilize the Site to forward information related to inventory of the Owner to third parties with whom you have a pre-existing relationship.

J. Link to the Site from third-party websites, except to the home page of the Site in a manner that displays the home page full-screen in a fully operable and navigable browser window (i.e., not within a ?frame? on the linked website).

K. Incorporate into another Site or other service any intellectual property of Owner or its licensors.

L. Create the appearance, by linking or otherwise, that User or any third party is associated with or sponsored by Owner.

In addition, you agree that youare responsible for actions and communications undertaken or transmitted under your account and that you will comply with all applicable local, state, national, and international laws and regulations that relate to the use of or activities on this Site.

7. CONFIDENTIALITY OF INFORMATION PROVIDED ON THE SITE; PRIVACY. The information provided on the Site is confidential and proprietary to and the sole property of Owner and may not by disseminated by youwithout the prior written consent of Owner, other than is expressly permitted by the Site.  You acknowledge that any actual or threatened violation of this Confidentiality provision may cause irreparable, non-monetary injury to Owner, the extent of which may be difficult to ascertain, and therefore agree that Owner shall be entitled to injunctive relief in addition to all other remedies available at law and/or in equity.Owner's Privacy Policy (https://www.wellsfargo.com/privacy-security), incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. If you are domiciled in Canada, the Owner?s Canadian Privacy Policy (https://www08.wellsfargomedia.com/assets/pdf/personal/privacy-security/Canada-Customer-Privacy-Notice-English.pdf is incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. Please refer to the appropriate Privacy Policy for more information.

8. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS.

A. Ownership. Owner (or its licensors, as applicable) retains all rights, title and interest, including, without limitation, all rights of copyright, patent, trademark, trade secret, and any other equivalent rights under applicable law, and all registrations, applications, renewals, extensions, continuations, divisions, reissues, or improvements thereof relating to the foregoing rights (together, ?Intellectual Property Rights?), in and to all: (1) [COPYRIGHTS] in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, and all works of authorship, of any kind or medium, including written, pictorial or graphic materials and computer software, code, and other program materials (? Software?); (2) [PATENTS] inventions, discoveries, ideas, and know-how relating to any process, business method, machine, manufacture or composition of matter; and (3) [TRADEMARKS] registered and unregistered trademarks, trade names, service marks, and logos (collectively, ?Property?), posted, disclosed or otherwise made available by Owner on the Site (? Owner Property?). Except as expressly provided in these Terms of Use, you shall not acquire any rights whatsoever in any Owner Property.

B. Confidentiality of Owner Property. All Owner Property posted on or used by Owner in the operation of the restricted areas of Site is confidential to Owner. Except as expressly provided in these Terms of Use, youmay not use or disclose any such Owner Property except to the extent necessary to facilitate your use of the Site in accordance with these Terms of Use.

C. Limited License. Subject to other restrictions in these Terms of Use, Owner grants you a non-exclusive, non-transferable, terminable, limited right to access, view and display the Site and the visible text, graphics, and images thereon, and to print and download certain items or pages posted on the Site solely in connection with you and your employer?s internal business purposes. You agree to reproduce all copyright and other proprietary notices on all such copies in the same manner and format that such copyright and other proprietary notices are included on the original Owner Property posted on the Site.

D. Prohibitions. (i) The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Owner's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Owner, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet, or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited.  (ii) Trademarks of Owner and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Owner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners. (iii) Owner's products and processes may be covered by one or more patents and are subject to other trade secret and proprietary rights. Owner reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Owner?s products or processes. (iv) Any Software, including any files, images generated by the software, code, and data accompanying the Software, used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Owner. Owner retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

9. USE OF YOUR INFORMATION. By accessing and using the Site you understand and agree that Owner may collect and retain certain information. The type of information Owner may collect, retain and use includes, but is not limited to, your name, address, phone number, email address, and the IP address of the computer(s) and device(s) you use to access the Site. Additionally, Owner may collect and retain information related to your usage of the site, including tracking your log-ins, your time and activity on the Site, including page views, click-throughs, and any e-mails sent to third parties through the ?First Look? e-mail functionality. Any and all of this information may be shared with Clark, Dealers or other Representatives, at Owner?s sole and complete discretion. The information may be stored in the United States or other countries, and is protected in accordance with Owner information security standards. You agree that Owner may send you email messages to the email address youhave provided to us. If you have provided us with a phone number, you agree that Owner may contact you at the phone number you have provided. By using the Site youacknowledge and agree that Owner may place cookies on the computer(s) or device(s) you use to access the Site. Cookies help us confirm your identity and help us keep your transactions secure. We also use cookies for various purposes such as maintaining continuity during an online session, gathering data about your use of the Site, or optimizing the performance of the Site. If you do not agree with how we may use your information, you may revoke your consent at any time by discontinuing your use of the Site and notifying Owner.

10. OWNER PRODUCT AND SERVICE INFORMATION; LIMITATIONS. All content available through this Site, including data, quotes, status reports, equipment pricing, and all other information is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Owner reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers of Section 13 below.  Owner has made what it believes to be a reasonable effort to guard the security of this Site's server. However, the Internet is generally accessible to the public, and any information available on the Internet, including any information you supply on this Site, may be accessible by unintended third parties. Your use of this Site and disclosure of personal or other information at this Site, on or through any server, are strictly at your own risk.

11. THIRD PARTY SITES.(A) This Site may from time to time contain links to other Web sites or other Internet information sources (?Third Party Sources?). These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by Owner of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.Owner makes no representation or warranty, and takes no responsibility, for the accuracy, content, or any other aspect of these sites and disclaims any liability to you in connection with such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You agree that neither Owner nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. (B) All links to this Site must be approved in writing by Owner, except that Owner consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link ?points? only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a ?frame? on the linked Web site, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Owner or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Owner or its affiliates. Owner reserves the right to revoke this consent to link at any time in its sole discretion.

12. TELECOMMUNICATIONS EQUIPMENT AND CHARGES.Youare solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Owner shall not be responsible for any communications line failure, equipment, or systems failure or other occurrence.

13. DISCLAIMER OF WARRANTIES. Owner is not your advisor or fiduciary with respect to these Terms of Use. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF AS TO THE AVAILABILITY OF THE SITE, OR THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED ON THE SITE, AND FURTHER DOES NOT MAKE ANY OTHER WARRANTY, PROMISE, COMMITMENT, GUARANTEE, OR REPRESENTATION.  THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.  THE INFORMATION PROVIDED ON THE SITE MAY BE UPDATED, ADJUSTED OR REFRESHED PERIODICALLY.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OWNER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OWNER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.  ANY PRICING OR AVAILABILITY INFORMATION WITH RESPECT TO INVENTORY FOR SALE SHALL NOT CONSTITUTE AN OFFER FOR THE SALE OF SUCH INVENTORY, AND CANNOT, THEREFORE, BE ACCEPTED BY YOU.

OWNER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

OWNER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OWNER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OWNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND USER. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

15. COMPLIANCE WITH LAWS. You agree to comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof (?Laws?) of the United States or any other jurisdiction where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.

16. GOVERNING LAW AND JURISDICTION.Regardless of the location from which you access the site, if you are domiciled in the United States of America, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of the State of New York, without regard to the principles of conflicts of law, and you hereby consent to the jurisdiction of and venue in the Supreme Court of the State of New York (New York County) and the United States District Court (S.D.N.Y.) for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum. Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.

Regardless of the location from which you access the site, if you are domiciled in Canada, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of Ontario, without regard to the principles of conflicts of law and you hereby consent to the jurisdiction of and venue of the Courts of Toronto for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum.Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.

17. INTERNATIONAL.This Site is controlled, operated and administered by Owner from its offices within the United States. Owner makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States or Canada, and your access to the Site from territories where its contents may be illegal is prohibited. 

18. GENERAL PROVISIONS. These Terms of Use constitute the entire agreement among you and Owner relating to the use of the Site, and supersede all prior or contemporaneous agreements with respect to your access and use of the Site. You may not assign or transfer any rights or obligations under these Terms of Use, whether by operation of law, asset purchase, merger or other corporate reorganization, or any other method, without Owner?s prior written consent. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

...Here French Terms & Condition will be placed...









TERMS OF USE

USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE.

Last Update: December21, 2017

The Bobcat Asset Managerweb site (the ?Site?) is provided by Wells Fargo Vendor Financial Services, LLC and its affiliates (collectively, the ?Owner?). Use of the Site is restricted to (i) Owner, (ii) Clark Equipment Company (?Clark?), (iii) businesses with a vendor program relationship or a strategic alliance agreement with Owner (each, a ?Dealer?) pursuant to which Owner has agreed to offer financing products to customers of Dealer to support the sale and distribution of equipment manufactured by Clark or distributed by Dealer, and (iv) any authorized representative of any of the foregoing, (each, a ?Representative?). The Site allows Owner, Clark, Dealers, and the Representatives of each of the foregoing to electronically access certain data based on the records of Owner, including information regarding equipment financed by Owner, customers of the Owner that have been referred to Owner by such Dealer and/or Clark, and lists of Owner?s inventory or returned equipment that are for sale by Owner. As used in these Terms of Use, the words ?we,??us,? and ?our? refer to Owner.

1. ACCEPTANCE OF TERMS OF USE. These Terms of Use constitute a binding agreement among you, (?you? or ? User?) and Owner. By accessing and/or using the Site, you agreeto accept and be bound by these Terms of Use as well as all other policies described in the Site, and expressly represent or warrant that you have been authorized as a Representative of Owner, Dealer or Clark, as the case may be, to utilize the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

2. SECURITY CREDENTIALS. Use of the Site is restricted to authorized Representatives of Owner, Clark, and each Dealer.  Representatives will be provided a user profile and/or selected a valid user ID, password, PIN, or other secure device or protocol required to use the Site (collectively referred to as ?Security Credentials?). It is your responsibility to ensure that your Security Credentials are known to, and used only byyou to access the Sitein your capacity as a Representative of Owner, Clark or your Dealer. Your Security Credentials should never be shared with anyone outside of your organization or within your organization to an individual that is not a Representative. You will be solely responsible for all actions taken through the use of your Security Credentials, and Owner, Clark and each Dealer shall be responsible for the conduct of their respective Representatives on this Site. You will immediately notify Owner if you become aware of any unauthorized access to or use of your Security Credentials and/or the Site, or if your Security Credential is lost or stolen. Owner may require you to change your Security Credential periodically and may also require the use of additional security protocols to access the Site.

3. SITE SECURITY PROCEDURES. In using the Site you will be receiving information directly from Owner through the Internet. You acknowledge that when the Internet, or any other electronic communications facilities, is used to transmit or receive information the information may be accessed by unauthorized third parties. To reduce the likelihood of such third party access, you agree to receive information through the Site using only software, including, but not limited to, browser software, or other access devices that support the Secure Socket Layer (SSL) protocol (or other protocols required by or acceptable to Owner), and to follow the procedures that support such protocols.

4. CHANGES TO TERMS OF USE.These Terms of Use may be changed from time to time and without further notice.  Your continued use of the Site after any such changes constitutes your acceptance of the new terms.  If you do not agree to abide by these or any future terms, you may not use the Site or download information or materials from it. 

5. RESTRICTING OR TERMINATING ACCESS TO THE SITE.Owner may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any and/or all features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Owner may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Additionally, Owner may terminate these Terms of Use or your access to the Site in its sole discretion,with or without notice, at any time, including, without limitation,in the event you have violated any provision of these Terms of Use. Owner will have no liability to you for any losses or damages you may suffer or incur as a result of (i) any termination of these Terms of Use or (ii) inability to access any portion of the Site or the entire Site.

6. USER CONDUCT.You agree that you will not:

A. Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Owner reserves the right to release all relevant details to law enforcement and/orsystem administrators at other websites in order to assist them in resolving security incidents.  Additionally, Owner reserves the right to report your conduct to Clark and/or the Dealer.

B. Disrupt or interfere with any other person's use of the Site or affiliated or linked sites.

C. Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

D. Use or attempt to use another's account, service, or system without authorization from Owner, or create or use a false identity on the Site.

E. Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

F. Use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site.

G. Allow access to or use of the Site or any component thereof by or for the benefit of any third partiesor in furtherance of any unlawful purpose.

H. Upload, post, or otherwise transmit through or on this Site or to Owner's computer systems any computer virus, worm, time bomb, or other harmful, disruptive or destructive files or programming routines.

I. Transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, provided however, that you may utilize the Site to forward information related to inventory of the Owner to third parties with whom you have a pre-existing relationship.

J. Link to the Site from third-party websites, except to the home page of the Site in a manner that displays the home page full-screen in a fully operable and navigable browser window (i.e., not within a ?frame? on the linked website).

K. Incorporate into another Site or other service any intellectual property of Owner or its licensors.

L. Create the appearance, by linking or otherwise, that User or any third party is associated with or sponsored by Owner.

In addition, you agree that youare responsible for actions and communications undertaken or transmitted under your account and that you will comply with all applicable local, state, national, and international laws and regulations that relate to the use of or activities on this Site.

7. CONFIDENTIALITY OF INFORMATION PROVIDED ON THE SITE; PRIVACY. The information provided on the Site is confidential and proprietary to and the sole property of Owner and may not by disseminated by youwithout the prior written consent of Owner, other than is expressly permitted by the Site.  You acknowledge that any actual or threatened violation of this Confidentiality provision may cause irreparable, non-monetary injury to Owner, the extent of which may be difficult to ascertain, and therefore agree that Owner shall be entitled to injunctive relief in addition to all other remedies available at law and/or in equity.Owner's Privacy Policy (https://www.wellsfargo.com/privacy-security), incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. If you are domiciled in Canada, the Owner?s Canadian Privacy Policy (https://www08.wellsfargomedia.com/assets/pdf/personal/privacy-security/Canada-Customer-Privacy-Notice-English.pdf is incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. Please refer to the appropriate Privacy Policy for more information.

8. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS.

A. Ownership. Owner (or its licensors, as applicable) retains all rights, title and interest, including, without limitation, all rights of copyright, patent, trademark, trade secret, and any other equivalent rights under applicable law, and all registrations, applications, renewals, extensions, continuations, divisions, reissues, or improvements thereof relating to the foregoing rights (together, ?Intellectual Property Rights?), in and to all: (1) [COPYRIGHTS] in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, and all works of authorship, of any kind or medium, including written, pictorial or graphic materials and computer software, code, and other program materials (? Software?); (2) [PATENTS] inventions, discoveries, ideas, and know-how relating to any process, business method, machine, manufacture or composition of matter; and (3) [TRADEMARKS] registered and unregistered trademarks, trade names, service marks, and logos (collectively, ?Property?), posted, disclosed or otherwise made available by Owner on the Site (? Owner Property?). Except as expressly provided in these Terms of Use, you shall not acquire any rights whatsoever in any Owner Property.

B. Confidentiality of Owner Property. All Owner Property posted on or used by Owner in the operation of the restricted areas of Site is confidential to Owner. Except as expressly provided in these Terms of Use, youmay not use or disclose any such Owner Property except to the extent necessary to facilitate your use of the Site in accordance with these Terms of Use.

C. Limited License. Subject to other restrictions in these Terms of Use, Owner grants youa non-exclusive, non-transferable, terminable, limited right to access, view and display the Site and the visible text, graphics, and images thereon, and to print and download certain items or pages posted on the Site solely in connection with you and your employer?s internal business purposes. You agree to reproduce all copyright and other proprietary notices on all such copies in the same manner and format that such copyright and other proprietary notices are included on the original Owner Property posted on the Site.

D. Prohibitions. (i) The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Owner's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Owner, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet, or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited.  (ii) Trademarks of Owner and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Owner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners. (iii) Owner's products and processes may be covered by one or more patents and are subject to other trade secret and proprietary rights. Owner reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Owner?s products or processes. (iv) Any Software, including any files, images generated by the software, code, and data accompanying the Software, used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Owner. Owner retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

9. USE OF YOUR INFORMATION. By accessing and using the Site you understand and agree that Owner may collect and retain certain information. The type of information Owner may collect, retain and use includes, but is not limited to, your name, address, phone number, email address, and the IP address of the computer(s) and device(s) you use to access the Site. Additionally, Owner may collect and retain information related to your usage of the site, including tracking your log-ins, your time and activity on the Site, including page views, click-throughs, and any e-mails sent to third parties through the ?First Look? e-mail functionality. Any and all of this information may be shared with Clark, Dealers or other Representatives, at Owner?s sole and complete discretion. The information may be stored in the United States or other countries, and is protected in accordance with Owner information security standards. You agree that Owner may send you email messages to the email address youhave provided to us. If you have provided us with a phone number, you agree that Owner may contact you at the phone number you have provided. By using the Site youacknowledge and agree that Owner may place cookies on the computer(s) or device(s) you use to access the Site. Cookies help us confirm your identity and help us keep your transactions secure. We also use cookies for various purposes such as maintaining continuity during an online session, gathering data about your use of the Site, or optimizing the performance of the Site. If you do not agree with how we may use your information, you may revoke your consent at any time by discontinuing your use of the Site and notifying Owner.

10. OWNER PRODUCT AND SERVICE INFORMATION; LIMITATIONS. All content available through this Site, including data, quotes, status reports, equipment pricing, and all other information is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Owner reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers of Section 13 below.  Owner has made what it believes to be a reasonable effort to guard the security of this Site's server. However, the Internet is generally accessible to the public, and any information available on the Internet, including any information you supply on this Site, may be accessible by unintended third parties. Your use of this Site and disclosure of personal or other information at this Site, on or through any server, are strictly at your own risk.

11. THIRD PARTY SITES.(A) This Site may from time to time contain links to other Web sites or other Internet information sources (?Third Party Sources?). These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by Owner of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.Owner makes no representation or warranty, and takes no responsibility, for the accuracy, content, or any other aspect of these sites and disclaims any liability to you in connection with such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You agree that neither Owner nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. (B) All links to this Site must be approved in writing by Owner, except that Owner consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link ?points? only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a ?frame? on the linked Web site, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Owner or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Owner or its affiliates. Owner reserves the right to revoke this consent to link at any time in its sole discretion.

12. TELECOMMUNICATIONS EQUIPMENT AND CHARGES.Youare solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Owner shall not be responsible for any communications line failure, equipment, or systems failure or other occurrence.

13. DISCLAIMER OF WARRANTIES. Owner is not your advisor or fiduciary with respect to these Terms of Use. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF AS TO THE AVAILABILITY OF THE SITE, OR THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED ON THE SITE, AND FURTHER DOES NOT MAKE ANY OTHER WARRANTY, PROMISE, COMMITMENT, GUARANTEE, OR REPRESENTATION.  THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.  THE INFORMATION PROVIDED ON THE SITE MAY BE UPDATED, ADJUSTED OR REFRESHED PERIODICALLY.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OWNER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OWNER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.  ANY PRICING OR AVAILABILITY INFORMATION WITH RESPECT TO INVENTORY FOR SALE SHALL NOT CONSTITUTE AN OFFER FOR THE SALE OF SUCH INVENTORY, AND CANNOT, THEREFORE, BE ACCEPTED BY YOU.

OWNER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

OWNER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OWNER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OWNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND USER. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

15. COMPLIANCE WITH LAWS. You agree to comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof (?Laws?) of the United States or any other jurisdiction where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.

16. GOVERNING LAW AND JURISDICTION.Regardless of the location from which you access the site, if you are domiciled in the United States of America, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of the State of New York, without regard to the principles of conflicts of law, and you hereby consent to the jurisdiction of and venue in the Supreme Court of the State of New York (New York County) and the United States District Court (S.D.N.Y.) for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum. Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.

Regardless of the location from which you access the site, if you are domiciled in Canada, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of Ontario, without regard to the principles of conflicts of law and you hereby consent to the jurisdiction of and venue of the Courts of Toronto for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum.Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.

17. INTERNATIONAL.This Site is controlled, operated and administered by Owner from its offices within the United States. Owner makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States or Canada, and your access to the Site from territories where its contents may be illegal is prohibited. 

18. GENERAL PROVISIONS. These Terms of Use constitute the entire agreement among you and Owner relating to the use of the Site, and supersede all prior or contemporaneous agreements with respect to your access and use of the Site. You may not assign or transfer any rights or obligations under these Terms of Use, whether by operation of law, asset purchase, merger or other corporate reorganization, or any other method, without Owner?s prior written consent. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.