Terms And Conditions

The Charles Machine Works, Inc. (“CMW^®“) maintains this site (the “Site”) for your personal entertainment, information, education, and communication. Please feel free to browse the Site. However, your access and use of the Site is subject to the terms and conditions contained in this Legal Notice (the “Terms and Conditions”) and all applicable laws.

By accessing and browsing the Site, you expressly accept and agree to be bound by the Terms and Conditions, without limitation, qualification, or exception, notwithstanding any inconsistent provision in any other agreement to which you are a party. Also see our Privacy Statement.

Terms and Conditions

1. You agree to defend, indemnify and hold CMW harmless for any damages, liabilities, expenses, costs (including attorney fees) and other losses arising directly or indirectly for your violation of these Terms and Conditions, your use of this Web site, or your use of any Content on this Web site.

2. All of the content on the Site, including without limitation the data, text, materials, images, logos, audio, video, bulletin boards, chat rooms, listservs, and communications received (all of the foregoing, the “Content”) is owned by CMW and is subject to legal protection under state and federal copyright, trademark, and other laws, except for any third party proprietary information or as otherwise noted. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, personal property rights, and other state and federal laws. You may download materials displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on such materials. You may not download, copy, distribute, modify, transmit, display, reuse, report, sell, profit by, or use any of the Content in any manner inconsistent with these Terms and Conditions.

3. While CMW makes reasonable efforts to include only accurate and up-to-date content on the Site, CMW makes no warranties or representations as to the accuracy or completeness of any of the Content. CMW assumes no liability or responsibility for any inaccuracies, technical or typographical errors, or omissions in the Content, and you expressly accept and assume all risk arising from the use of or reliance on any Content, including any damages, liabilities, and other losses directly or indirectly related to the Content.

4. You acknowledge and agree that your use of the Site is entirely at your own risk. In no event shall CMW or any other party involved in creating, producing, maintaining, or delivering the Site be liable in any manner for any actual, direct, incidental, consequential, indirect, punitive, or any other damages (including without limitation loss of use, data, or profits), nor for any other remedies or liabilities, in any manner arising out of or in connection with your use of the Site. Without limiting the foregoing, THE SITE AND ALL CONTENT THEREON ARE PROVIDED TO YOU “AS IS” AND CMW EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. You expressly accept and assume all risks associated with all of the foregoing. Please note that some jurisdictions may not allow all of the above exclusions of implied warranties, so certain of the foregoing exclusions may not apply to you (although you agree to be bound by such exclusions to the fullest extent permitted by applicable law). CMW also assumes no responsibility and shall not be liable for any damages or loss due to computer viruses or similar hazards that may infect your computer equipment or other property in connection with your use of the Site or any Content. You expressly accept and assume all such risk.

5. Any communication or material you transmit or communicate to the Site by electronic mail or otherwise, including any data, questions, comments, criticisms, suggestions, and the like, is and will be treated as non-confidential and non-proprietary. Any such communications may be used in any manner by CMW, its affiliates, and/or any third party, for any purpose whatsoever, including without limitation reproduction, storage, disclosure, transmission, publication, broadcast, sale, and posting. You expressly waive any and all privacy and ownership rights to any such communication, and you expressly release and authorize CMW to publish or use in any manner your communication and any identifying information provided therewith subject to CMW’s Privacy Policy which is expressly incorporated herein. You also acknowledge and agree that any such communication is subject to loss, misdirection, misinterpretation, and accidental deletion, and therefore (regardless of whether a particular communication is actually received) no such communication shall constitute notice to CMW for any purpose, and CMW has no obligation, express or implied, to maintain any such communication. Furthermore, you authorize CMW to use in any manner and for any purpose whatsoever any ideas, concepts, know-how, or techniques contained in any such communication, including without limitation developing, manufacturing, and marketing products using or relying on such information. You expressly waive and irrevocably assign to CMW any and all rights and interests you may have to payment, royalty, commission, compensation, or any other benefit of any kind which may otherwise accrue to you as a direct or indirect result of any income, revenue, or other benefit to CMW in any manner arising out of or related to your communication.

6. Except as otherwise noted, all trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including without limitation Ditch Witch®, CMW®, Subsite®, Jet Trac®, AutoCrowd®, Fluid Miser^®, Roto Witch^®, Super Witch^®, Pierce Airrow^®, Perma-Soil^®, Zahn^®, Power Pipe^®, SplineLok^®, OnGradeTM and The Underground^® Extra are registered Trademarks of CMW. Nothing contained on the Site should be construed as granting to any party, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, except as provided in these Terms and Conditions, is strictly prohibited. Vermeer^®, Case^®, Burkeen^®, Midmark^®, and Bobcat® are trademarks of their respective owners and are not affiliated with CMW. CMW will aggressively enforce its intellectual property and other rights to the fullest extent of the law, and CMW will assist law enforcement personnel in the investigation and prosecution of criminal offenses.

7. Links on the Site to other sites are provided as a convenience and do not imply endorsement by CMW of any other site. CMW is not responsible for the contents of any other site linked to this Site, or for any consequential or other damages, liabilities, or loss suffered by any party as a result of linking between the Site and any other site. You expressly accept and assume all such risk.

8. Although CMW may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, CMW is under no obligation to do so. CMW assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, fraud, misrepresentation, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, harmful, dangerous, libelous, defamatory, fraudulent, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. CMW will fully cooperate with any law enforcement authorities or court order requesting or directing CMW to disclose the identity of anyone posting any such information or materials on the site or elsewhere.

9. CMW may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. Please report any technical, typographical, or other errors herein to CMW. Please direct requests to reproduce protected Site Content to CMW. You agree that the interpretation and enforcement of this Legal Notice and these Terms and Conditions shall be governed by the laws of the State of Oklahoma without regard to its conflicts of law principles. In addition, you agree that the District Court of Noble County, Oklahoma or the U.S. District Court for the Western District of Oklahoma shall be the sole and exclusive jurisdiction and venue for any dispute arising out of or related to this Legal Notice and Terms and Conditions. You agree that you do not have any expectation or understanding of your relationship with CMW or your use of the Site or the Content which is inconsistent with the provisions of the Legal Notice or these Terms and Conditions. In the event that any provision of this Legal Notice or these Terms and Conditions, or the application thereof to any part or circumstance, shall be determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Legal Notice or these Terms and Conditions, or the application of such provision to circumstances other than those as to which it is determined invalid or unenforceable, shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. You agree that, in the event you violate any of the provisions of the Legal Notice or these Terms and Conditions, CMW may seek specific performance in addition to any other available legal or equitable remedy available under Oklahoma law, and that all remedies and relief provided for herein and at law shall be cumulative. CMW’s failure to enforce any right provided in this Legal Notice or Terms and Conditions shall not constitute a waiver of such right.