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KUBOTA TRACTOR CORPORATION ONLINE PRIVACY POLICY ("POLICY")

Effective Date: 06/29/2020

Our Approach to Privacy

Information Collection And Use

Types of Information Collected

What Information We Collect

Use of Your Information

Disclosure Of Information

Employment Opportunities

Notice Choice and Consent

Requests to Review and Request Changes to Your Personal Information

California Consumer Privacy Statement

OUR APPROACH TO PRIVACY

Kubota Tractor Corporation (“Kubota”) takes your privacy seriously. Kubota understands transparency and respect are foundational aspects of longstanding relationships and, therefore, takes every reasonable business effort to protect the information you provide to us.

This policy informs how we collect, use, protect and disclose your personal information when you use our service and the choices you have associated with that information. Please read this Policy and the Terms of Use carefully to understand our policies and practices regarding your personal information. This Policy applies to Kubota and to our controlled U.S. affiliates and subsidiaries. References to our “products” in this Policy include vehicles, accessories and other devices.  References to our “services” in this Policy include apps, websites, online services and other services we provide to you. This Policy does not apply to any products, services or entities that display or reference a different privacy policy.

If you have visited our finance website  or have applied for financing through Kubota Credit Corporation (“KCC”), please refer to the KCC Consumer Privacy Notice for more information on how we collect, share and protect some of your personal information for KCC. 

Kubota products are distributed through our network of Kubota dealers, which are independently owned and operated businesses, and which may have their own privacy policies.

If you have any questions regarding this Policy or our privacy practices, please email the Kubota Privacy Office.

Information Collection And Use

The personal information we collect depends on how you interact with us, the products and services you use, and the choices you make. We collect personal information about you from different sources and in various ways. We collect this information so that we may provide and improve our products and services to you. Information is collected from you in the following ways:

Directly from You

  • General "Contact Us" forms

  • Product and service inquiry forms

  • Dealer Locator, Dealer Contact Request, and Build My Kubota pages

  • Social media accounts

  • Contests or sweepstakes

From You through Third Parties

Links to Other Sites

Kubota may use third-party integration into our websites to better serve your needs while you are on Kubota’s website. We also use social media pages like Facebook, and may integrate information provided therein to our marketing practices. We encourage you to read the following companies' privacy policies to better understand their collection, use and disclosure of your information:

• Ceridian (Kubota Careers): Kubota uses Ceridian to support our employee application portal, Kubota Careers. Kubota Human Resources has access to all information voluntarily submitted via Ceridian, but only uses such information for recruitment and interviewing processes. Please take notice of the cookie banner on this site.

• Staples (Merchandise Purchases)

• Kubota Facebook Page (Social Media)

• Kubota YouTube Page (Social Media)

• Fontis Brand Center (Operator Manuals): You can purchase Kubota operator manuals through Fontis via the Kubota website. Other than the fact that you purchased Kubota manuals through Fontis, Kubota does not have access to any other information relating to these purchases, such as your personal or credit card information.

Information Collected from Business Partners and Affiliates

Kubota may collect information from some of our business partners that support transactions with us or have a relationship with you. This includes, but is not limited to, vendors, dealers and Kubota affiliates. 

Types of Information Collected

Personal Information 

While using the above Online Services and Links we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Information"). Personal Information may include, but is not limited to:

  • Email address  

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • IP address

  • Under certain circumstances, geolocation data

Usage Information 

When you use our websites and online services, we automatically collect some information from your devices (such as mobile phone, tablet, smartwatch, or computer). For example, We may collect information about how our websites and online services are accessed and used ("Usage Information"). This Usage Information may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

You may use app or device controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain products or features, those products or features may not be available or function correctly.

Information Collected Through Use of Our Websites and How We Respond to "Do Not Track" Signals

When you log on to Kubota’s websites for the first time, you are presented with a notice regarding our use of cookies to automatically track certain information.  We do not collect any cookie information until you have accepted our cookie policy.  You may still use our websites if you decline our cookie policy, and your information will not be collected or tracked.  However, you will not have the benefits arising from our use of cookies, such as recognition of repeat users or service of advertisements for products that may interest you.

If you accept our cookie policy, you consent to the collection of information about your online activities when you use our website through certain online tracking mechanisms deployed on our websites. They collect information regarding your browsing activities, including:

  • IP address

  • Device type

  • Operating system

  • Browser language

  • Our web pages that you visited, time on the website, and total number of pages viewed

  • Network service provider

If you accept our cookie policy, we also use third party ad network providers to help present targeted advertising. These providers place and access cookies, pixel tags, or similar technologies on your device to serve you ads or other content personalized to your interests, which they infer from your location and/or your browsing on the platform and other sites you have visited. In doing so, the provider collects or has access to non-personal information such as your browsing history.

Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, and so we are not currently set up to respond to those signals.  However, if you decline our cookie policy when you first log on to one of our websites, your information will not be tracked.

Social Media, Surveys and Contests

Kubota uses social media to interact with our customers and other consumers in various ways. Kubota may use anonymized aggregate information gathered through interaction with social media accounts or through surveys and contests. We use this information to improve our products, services and marketing effectiveness. We may offer our products and services to you via social media, based on information you have voluntarily provided in accordance with the social media site’s terms and conditions.

What Information We Collect 

Our websites collect several categories of information, including "Personal Information," "Anonymous Information" and "Product or Inquiry Information." Kubota collects your information to provide the services outlined in this Policy or to serve you as a customer.

Personal Information

Depending on the functionality you use on our websites, Kubota may collect the following types of personal information:

  • Contact Information – This information allows us to identify and communicate with you, and includes information such as your name, mailing address, email address and phone number.

  • Relationship Information –Allows us to offer you beneficial products and services that may interest you, such as information regarding your inquiries, purchases, regional location and dealer transactions.

Anonymous Information

By using our websites and online services, you agree to the collection of certain information that Kubota uses to improve our websites’ functionality. This information is not tied to you personally, and is used in aggregate to better understand our website visitors, including visitor demographics (such as age, language and gender), what web pages our visitors are browsing to, the amount of time spent on each page, the device type used to visit the website, and other technically relevant information.

Product or Inquiry Information

Kubota uses inquiry forms throughout its websites to allow you to request information, including product, service or dealer quote information. Any personal information collected in these forms is used to fulfill your request or to better understand your request. We do not collect sensitive personal information such as Social Security numbers or financial information in these inquiry forms.

Equipment Information

In addition to your Personal Information for Telematics Services, Kubota may collect the following information through your use of the KubotaTelematics Services Program (“Telematics Services”), including when or where you operate or travel in Equipment that has active products or services, and otherwise with your consent. We may also collect your information from Kubota dealers, licensees, partners, service providers, and independent third party sources. 

The types of your information that we may collect include:  your name, address, telephone number, e-mail address, login information, equipment model number, equipment serial number, engine operating hours, engine performance data, such as, engine speed, engine oil temperature and pressure and fault codes, on a time basis, hydraulic performance data, such as hydraulic pressure and temperature, on a time basis, as well as  oil/battery status, fuel or charging history, coolant temperature,  DEF fluid level, DEF status and condition, electrical system function, DPF status and condition, and other diagnostic or performance data and fault codes (“Equipment Information”). Kubota may also collect information such as GPS location, speed, breaking, and Equipment direction (heading). For full Terms of Use, go to here.

Use of Your Information 

We may use your information in order to:

  • Fulfill customer support agreements, perform maintenance and repairs, and deliver rental equipment and parts and provide customer and equipment support and service (for example, recall information, servicing and maintenance or warranty service).

  • Monitor and manage equipment health and efficiency.

  • Improve the performance of Telematics Services.

  • Provide you improved products and services.

  • Improve the quality, safety, and security of our products and services.

  • Develop new products and services.

  • Maintain customer relationships and communicate with you.

  • Operate our websites and applications, including online registration processes

  • Provide for warranty administration and validation.

  • Evaluate the quality, safety, and security of our products and services.

  • Conduct research, evaluation of use, and troubleshooting.

  • Verify eligibility for tractor purchase or incentive programs

  • Perform marketing, including interest based marketing and advertising 

  • Administer your participation in surveys, promotions and offers

  • Customize and improve communication content and your experience with us and

  • Comply with legal, regulatory or contractual requirements

We may anonymize your information in a way that it cannot reasonably be associated with you or your Equipment. We may use anonymized information or share it with third parties for any legitimate business purpose.

Disclosure Of Information

Legal Requirements

Kubota may disclose your Personal Information in the good faith belief that such action is necessary:

  • To comply with a legal obligation

  • To protect and defend the rights or property of Kubota

  • To prevent or investigate possible wrongdoing in connection with the Service

  • To protect against legal liability

Sharing of your Information From Telematics Services

Kubota may share your equipment-related Information and operating information (such as the location and speed of your Equipment). For example, Kubota shares information with necessary third parties, such as with the dealer to assist in maintenance appointments. Kubota may share the location of your Equipment with:

  • third party service providers working on Kubota’s behalf,
  • others when required by law, and

  • those you ask Kubota to share this information with.

Kubota may also share the location of your Equipment when necessary to provide any of the above services to you; to comply with legal obligations; for product safety and security purposes; and for the purposes described in this Policy.

Employment Opportunities

Voluntary information collected through the Kubota Careers portal is used in our recruitment process. It is only shared with Kubota Human Resources and specific management personnel that have a need to view the information as it relates to an employment opportunity.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Third-Party Use and Disclosure 

Kubota understands consumer concern over the sharing of their information with other parties. For this reason, Kubota does not share your information except as described in this policy. We may also share your information with:

  • Business partners, dealers and service providers to provide products and services relating to the sale of Kubota products, internal company processes or the servicing of your accounts or transactions

  • Marketing partners, to market to you directly

  • Auditors, regulators and other entities, where legally required

  • As needed to protect our rights or property

  • Our affiliated companies (i.e., companies under common control or management with us)

Kubota does not share your personal information with other unaffiliated third parties for their own direct marketing purposes. All our vendors are required to protect your information in any way they interact with it, and are limited to using it only in accordance with their intended purpose.

Kubota may also share or transfer your information to third parties: (a) when necessary to comply with federal or state law, a court order or other legal or regulatory process; (b) to protect our rights or property; or (c) in connection with the sale of assets and/or the company.

Security Of Information

Kubota utilizes reasonable measures including physical, technical, and administrative controls to protect Personal Information.  Although we strive to use appropriate technical and organizational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the Personal Information to be protected, we cannot guarantee its absolute security.

Where allowed by state and federal law, you may opt out of our use of your personal information collected through the Kubota websites to market Kubota services, by using our Contact Us form and selecting "KTC Marketing Opt Out" in the subject line drop down menu. Please note that even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or your equipment. For example, even if you opt-out of marketing emails, we will still send you a confirmation when you purchase something from our website, as well as product safety communications.

Opt Out For Telematics Services: It is your right to opt out of the Telematics Services by sending an email to the Kubota Privacy Office indicating your full name, business name, machine model and machine serial number, and that you are requesting to be opted out of the Telematics Service. This request will be confirmed and if verified, Kubota will honor the request to terminate the Telematics Service. Unless you opt out of the Telematics Services, it is your responsibility to ensure that all users of your Equipment know that it is equipped with a device that transmits the GPS location of the Equipment, as well as diagnostic information about their use of the Equipment, as detailed below.  It is important that if you do let someone else use one of our products or services that you inform them of this Policy and of the privacy choices that you have made. If you sell or otherwise transfer your Equipment, it is your responsibility to notify Kubota so we can make appropriate changes to your account.  If you do not inform us of the sale or transfer of your Equipment, the Equipment’s system data and other information may continue to be associated with your account. 

If you would like to minimize the information collected on your browsing of our websites, you may choose not to use all features on our websites. This may limit your online experience and available functionality on the websites. You may also manage the information we collect through our websites by adjusting the cookie and privacy settings in your web browser or on your mobile device.

Kubota may still contact you for information needed to service your account, machine or to support ongoing transactions related to your account.

Requests to Review and Request Changes to Your Personal Information  

Keeping your personal information accurate and up-to-date is very important. Please email us at the Kubota Privacy Office if you want to request, correct or update your personal information we possess.

To protect your privacy, you will be required to provide authenticating information, including name, address, email prior to making changes or gaining access to your information. We will respond to all inquiries and requests to review and request changes to personal information within 30 days.

Children’s Privacy 

Kubota does not knowingly collect personally identifiable information from or market to children under the age of 16 years old. If a child under the age of 16 has provided personally identifiable information to Kubota through our website, a parent or guardian may contact the Kubota Privacy Office to request the information be deleted from our records. Following receipt of such a request, we will make reasonable efforts to delete the child's information from our records.

California Consumer Privacy Statement

California Consumer Privacy Act (“CCPA”)

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information. For instance, California residents  may  request and obtain once a year, free of charge, information about Personal Information (as defined by the CCPA), if any, that we disclose to certain third parties for direct marketing purposes in the preceding calendar year. 

To learn more about your rights as a California resident please click here.

KUBOTA TELEMATICS TERMS OF USE

These  terms of use (“Terms” or “TOU”) are between you  (“you” or “ Customer”)  and Kubota Tractor Corporation (“Kubota”) and apply to the telematics software and devices (the “Service” ) proprietary to Kubota Tractor Corporation, its affiliates,  and,  its licensors (“Kubota”, “we” or “us” ), connected to your Kubota machines or vehicle (“Equipment”), and available to be monitored to generate reports through Kubota portals (the “Sites”).

You, an individual or a single company or legal entity and the personnel associated with your business (collectively, “you” or “Customer”), will be granted access to use the Service for your internal business purposes, conditioned upon your acceptance of these TOU. If you are agreeing to these TOU on behalf of a company or other legal entity, you represent that you have the authority to contractually bind such entity and its personnel.

BY AGREEING AND/OR BY ACCESSING OR USING THE SERVICE OR THE SITE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO USE THE SERVICE AND THAT YOU AGREE TO BE BOUND BY THE CURRENTLY POSTED TOU . SUBJECT TO SECTION 7.2 BELOW, CONTINUED USE OF THE SERVICE FOLLOWING POSTING OF ANY CHANGES TO THE TOU CONFIRM ACCEPTANCE OF THOSE CHANGES.

USE OF THE SERVICE AND THE SITE ARE OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TOU WITHOUT ANY MODIFICATIONS. THE TOU CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 3, 4, 6.4, 7.1, 8, 9, 10, and 13.1 below). THESE PROVISIONS FORM AN ESSENTIAL PART OF OUR BARGAIN.

Notice Regarding Dispute Resolution: These Terms contain provisions governing how claims you and Kubota have against each other are resolved (see Legal Disputes and Mediation Section below), including an obligation to mediate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding mediation, unless you opt-out in accordance with the Legal Disputes and Mediation Section below.

Service Terms of Use & End User Service Agreement

[Effective date: 12/5/2019]

1. Service

1.1  General Description. The Service is designed to gather and process data and information (“Data”) transferred from Kubota-supplied monitoring devices ( “Devices”) installed in your Equipment; the data transferred and use of the data as set forth in the Kubota Tractor Corporation Privacy Statement for Telematics Services (“KTC PSFTS”).  The features of the Service may change from time to time, including but not limited to the types of Data to be transferred/monitored, forms of reports, etc. Your access to the Services takes effect when you have accepted these TOU and will continue in effect until terminated by you or Kubota as permitted in these TOU.

The Service may be subject to additional terms and conditions either posted on the Sites or contained in other ordering documentation.

The availability of the Service may be affected, inter alia, by planned and unplanned maintenance periods, technology upgrades and as otherwise set forth in these TOU or any description of the Service.

The Service may include third-party software or services (“Third Party Software/Services”) furnished by one or more third parties (“Third Party Suppliers”).

1.2  Third Party Communications Systems.  Some features of the Service may require use of third party communications systems, such as Internet access and/or wireless or satellite-based communication systems (each, a “Communications Service”). UNLESS THE COMMUNICATION SERVICE IS EXPLICITLY MADE PART OF A SERVICE PLAN, CUSTOMER SHALL PURCHASE THESE COMMUNICATION SERVICES SEPARATELY AS ITS OWN RESPONSBILITY. KUBOTA HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF ANY COMMUNICATIONS SERVICE NOT FURNISHED BY KUBOTA. 

1.3  Data Exchange and Third Party Interfaces.  The Service may permit the communication, transfer and exchange of data between the Service and Kubota-branded devices or systems as well as certain third-party manufactured devices or systems (“Third-Party Assets”). Kubota does not exercise control over the form or quality of data generated or transmitted by or to third-party manufactured assets, devices or other third-party developed solutions such as custom reports or interfaces (collectively, “Third-Party Data”). You understand and agree to the following:

●  Data may only be exchanged between the Service and Third-Party Assets approved by Kubota;

●  Kubota’s approval of a Third-Party Asset does not guarantee that it will operate properly with the Service;

●  Kubota is not responsible for the quality or accuracy of, or the ability to receive, access or use Third-Party Data that may be sent from or received by Third-Party Assets;

●  Kubota may control all Third-Party Data transmitted to and from the Service, and may stop or block any Third-Party Data that Kubota believes may adversely affect performance of the Service.

2. Authorized Users and Use; Limitations.

2.1  Authorized Users. You agree that the Service will be accessed and used only by you and those personnel of yours whom you authorize to access and use the Service (“Authorized User”). You are responsible to assure that the access credentials of one Authorized User are used only by that Authorized User and no other person. We are not responsible for problems with or failures of internet or other electronic communications beyond our control.

2.2  Limitations on Use. Transmission of information using a Device may be subject to legal requirements that may vary from location to location, including radiofrequency use authorization. You must limit use of any Device to those locations where all legal requirements for the use of the Device and the Service communication network have been satisfied. In the event that a Device is used at a location where (i) legal requirements are not satisfied or (ii) transmitting or processing of such information across multiple locations would not be legal, we disclaim any and all liability related to such failure to comply and Kubota may discontinue the transmission of information from that Asset. You also understand and acknowledge that the Service is not intended to be used for any emergency, safety or mission critical or safety related use or application or other ultra-hazardous activities and you shall not use the Service in that manner.

3. Registration; Payment

3.1  Customer Account. In order to log on to the Site and use the Service, an account for you will be created and activated and you may create access credentials or connections for you and Authorized Users and Devices. In the process of creating the account and access credentials you will be asked to provide Kubota with true, accurate, current and complete registration information in relation to you and your Authorized Users and to update such information as necessary. Should we have reasonable grounds to suspect that any information provided in relation to you or an Authorized User is inaccurate, incomplete or untrue, we have the right to suspend or terminate your or the Authorized User ’s right to access and use the Service.

3.2  Site Access & Password; Security. You are responsible for maintaining, and you shall cause all Authorized Users to maintain, the confidentiality of your and your Authorized Users ’ usernames and passwords and are fully responsible for all activities that occur on the Site under your designated Authorized Users’ usernames and passwords. We may require you to change your designated Authorized Users’ usernames in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Kubota of any unauthorized use of any Authorized User’s username, password, or any other breach of security, and to ensure that Authorized Users logout at the end of each session. You are responsible for disabling the accounts of any Authorized User no longer employed by you. You acknowledge that Kubota is not responsible for tracking your Authorized Users ’ use of the Service, and that Kubota cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

3.3  Payment. You agree to pay all charges and fees in accordance with the payment terms applicable. If data transmission is included, such transmission may be subject to certain limits. You agree to reimburse Kubota for any charges for data transmission in excess of these limits as well as any activation and de-activation charges that may be imposed by the transmission service provider because of your conduct in accordance with the service provider’s terms.

4. Grant of License; License Restrictions

4.1  Limited License to Customer. Subject to your compliance with these TOU and payment of all applicable fees, Kubota grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license (without the right to sublicense) to use the Service for your personal business purposes and not for resale or other distribution. All rights not expressly granted to you herein are reserved by Kubota and its suppliers and licensors.

4.2  License Restrictions - No Misuse of Services. Your use of the Service is limited to those uses expressly permitted under these TOU. As a condition of your use of the Service you agree that you will not use it for any purpose that is unlawful or prohibited by these TOU. We may restrict or cancel the Service to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by us or any other party (including attorney’s fees) as a result of such misuse or fraudulent use. You may not: (i) reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Service, or any Third Party Software/Services; (ii) merge any Service-related software or Third Party Software/Services with other software; (iii) sublicense, lease, sell, rent, loan, or otherwise transfer the Service or associated software or Third Party Software/Services to any third party; (iv) reverse engineer, de -compile, disassemble, or otherwise attempt to derive the source code for any Service-related software or Sites, including any Third Party Software/Services; (v) otherwise use or copy the Service or associated software or Third Party Software/Services except as expressly allowed under the TOU, including this Section 4; (vi) use the Service or associated software or Third Party Software/Services in a “service bureau” or similar structure whereby third parties obtain use of the Service or Third Party Software/Services through you; (vii) remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Service, associated software, and/or the Sites; (viii) damage, disable, overburden, interfere with, disrupt or impair the Service or Sites, or servers or networks connected to them, in any manner; (ix) interfere with any other party ’s access, use or enjoyment of the Service or the Sites in any manner; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations related to export; or (xi) impersonate any person or entity or misrepresent your affiliation with a person or entity.

4.3  Third Party Software/Services. You hereby acknowledge and agree that any Third Party Software/Services that may be bundled with the Service (e.g., maps) is/are being provided to you by Third-party suppliers and not by Kubota. You hereby acknowledge and agree that your access or use of any such Software/Services is governed by such Third Party Suppliers ’ terms of use, end user license agreement or other like agreement, and in absence of such terms or agreement, by these TOU. KUBOTA EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY THIRD PARTY SOFTWARE OR SERVICES OR YOUR USE (OR ANY AUTHORIZED USER ’S USE) THEREOF.

5. Consent to Transmission and Use of Data; License and Aggregate Data; Compliance with Laws

5.1  Consent to Data Transmission and Use.  You acknowledge that Kubota retains all rights, title and interest in and to the data transmitted and any interest You may have shall be assigned to Kubota. The Data transmitted may include such information that is described in the service description and the KTC PSFTS.

Data is processed on your behalf. You agree to permit the Service to transfer Data to Kubota Parties (defined below). If you elect to do so, you may cause the Service to transfer Data to Authorized Users.

Certain information (feeds, definition files, etc.) may be synchronized or updated automatically from time to time via the Service, including when: (i) the Service is successfully installed by you; (ii) you fail to install the Service successfully; (iii) the Service has been successfully configured and / or (iv) the Service is uninstalled. You acknowledge and consent that any data collected may be sent to any Kubota office or any Kubota Party (as defined in Section 9 below) for processing in locations, depending on your location, throughout the USA and Canada in accordance with the provisions of these TOU. You may be required to download Software (Service- related or otherwise) and the Services may automatically update the Software installed on any Device when a new version is available.

Data may be transmitted and used via the Service for the following purposes: (a) providing the Service to you; (b) checking or maintaining Devices and/or Equipment supported by the Service; (c) monitoring the location, operation, health, performance, and other pertinent machine information regarding your Service-connected Equipment; (d) evaluating or improving the Service and/or other products and services; and (e) complying with legal requirements and valid court orders, as applicable.   Kubota may also combine the Data imported from your Devices/Equipment with that of other users of the Service to create aggregated data (“Aggregated Data”) for the principal purposes of tracking market trends and developing new or improved service offerings. .  The Data is transmitted to Kubota or to one or more of its Affiliates.  Kubota may transmit and share some or all of the collected Data with its dealer(s), its Affiliates and their dealers, Kubota ’s licensors, the manufacturer of your Devices and its dealers, and Kubota’s business partners worldwide who provide the Services, Devices, Equipment or related products and services to you.  Kubota may transmit and share Aggregated Data with other companies, governmental entities and business partners. 

5.2 License and Aggregate Data. To the extent that you have any ownership or other interests in the Data, you hereby grant to Kubota and its dealers, service providers, licensors, affiliates and their dealers, a non-exclusive, perpetual, worldwide, paid-up, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Data, including using the Data for any business purpose. All other data and information that is collected, transmitted, recorded, or accessed by or through the Service that is not Data identifiable to you and/or your Authorized Users, and all data, reports, derivative works, compilations, modifications and other materials created from or with use of Data will be, in each case, the sole and exclusive property of Kubota; and you, on your behalf and on behalf of your Authorized Users, hereby assign all of your and their right, title and interest, if any, in and to such items to Kubota without any fees and without rights to future royalties.

5.3     You agree that you shall not (directly or indirectly) export, re-export, import, transfer, or divert the Devices, Equipment, Services or Confidential Information in whole or in part (i) without all necessary authorizations required by law, or (ii) to any prohibited destination or to any prohibited person, entity or end user as specified by U.S. export control laws. Current information regarding the export regulations of the United States may be found through the Department of Commerce Bureau of Industry & Security website at http://www.bis.doc.gov/.  You agree to comply with all applicable local laws of the jurisdictions in which you conduct business, including the laws and regulations of the United States and of other jurisdictions (national, state and local) to the extent that they may govern your use of the Equipment, Services and Confidential Information and performance of your other activities under this Agreement.    You will indemnify and hold Kubota harmless for all costs, damages, fines, or other expenses and liabilities (including attorney fees) incurred by Kubota arising from your failure to comply with the terms of this provision, which shall also be considered a material default hereof entitling Kubota to immediately terminate this Agreement in addition to any other remedy available at law or equity. Your obligations under this provision shall survive the termination of this Agreement for any reason whatsoever.

6. Privacy and User Data

6.1 To understand Kubota’s general data privacy practices, please review Kubota’s Privacy Statement, which can be viewed at any time at www.KubotaUSA.com/privacy-policy  specifically, the section related to telematics will define the collection, use, and distribution of telematics data. In the event of any conflict, however, these TOU will govern.

6.2 You acknowledge that some Data may be retraceable to individuals (“Personal Data”). Each time an Authorized User logs on to the Service and the Site, certain information, including the username, will be processed in the Service application software. This information is used to manage the Authorized User’s account, Services and other personalized features. Kubota may match the username to personally identifiable information in order to provide the Authorized User with Services that the Authorized User is entitled to use and to provide relevant Data and information. Additionally, the Service may permit collection of location-based Data in connection with your Devices and the Services provided (“Location Data”) so that the geographic location of the user may be identifiable.

6.3 The Service may be administered by Kubota from its offices or those of its affiliates or service providers at various locations within in the United States of America and/or Canada. Consequently, Data is collected, sent, processed and stored in the United States and/or Canada and may be collected, sent, processed and stored outside the USA. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting the Service, the law applicable in the domicile of the entity hosting the Service will have precedence at all times.

6.4 You acknowledge that the Data and the Service may be transmitted through networks and signals that are not specifically protected or encrypted and where third party interception may be possible. You consent to such transmission and waive any claims that you may have against us with respect to such transmission.

7. Modification of Services

7.1 Kubota may, at any time, modify, suspend or permanently discontinue the Service or Site, or any portion of them, with or without advance notice. Subject to section 13.2 below, no Kubota Party will be liable to you or to any third party for any such modification, suspension or discontinuance.

7.2 Kubota may modify and update the TOU if circumstances under which the TOU is entered into or, if applicable, the beginning of your participation in the Pilot, and Kubota will provide you with reasonable advance notice of any such changes. Your continued use of the Service following the effective date of any such changes will constitute confirmation of your acceptance of the updated TOU, unless you notify Kubota in writing within 10 business days of the notice that you do not accept them. In that case the TOU in effect at the time of your purchase or Pilot participation term (whichever is later) will remain in effect through the remainder of your then current term, unless Kubota, at its option, exercises its right to terminate the Service in accordance with section 13.1 below.

8. Network Coverage, GNSS Satellites, Interruption of Service

8.1 You acknowledge that the Services and network access may be subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. To the extent that Devices or other hardware units receive signals from Global Navigation Satellite System (“GNSS”) you further acknowledge that Kubota is not responsible for the operation or failure of operation of any GNSS satellites or the availability of GNSS satellite signals.

8.2 Kubota will not be liable to you or any third party for any loss or damage arising from the Service, or its interruption, transmission errors (including Location Data inaccuracies), downtime of the Service due to maintenance or defects or any other cause, including, but not limited to, interruption caused by the underlying communications system carrier. Kubota does not assume and will not have any liability arising from events beyond Kubota’s control or the control of Kubota’s subcontractors, licensors or business partners, including events such as acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.

9. No Warranties; Customer Responsibility for Devices, Risk of Loss and “Alert” Feature Configuration.

KUBOTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, DEALERS, AFFILIATES, PARTNERS, SERVICE PROVIDERS, AND AGENTS (EACH A “KUBOTA PARTY” AND COLLECTIVELY THE “KUBOTA PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE AND SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE APPLICATION, SITE AND SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KUBOTA PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (i) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (iii) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE APPLICATION, SITE AND SERVICES, AND (iv) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE AND SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (v) THAT YOU WILL ACCESS THE SITE AND USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS AND USE.

NOTWITHSTANDING YOUR USE OF THE SERVICE,-- AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH IT (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF YOUR EQUIPMENT-- YOU REMAIN SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF SAID EQUIPMENT. YOU AGREE THAT YOU ARE SOLELY LIABLE AND WILL NOT SEEK RESTITUTION FROM ANY KUBOTA PARTY FOR ANY DAMAGE OR LOSS RELATED TO OR ARISING OUT OF ANY ACTION TAKEN BY YOU, YOUR AUTHORIZED USERS, OR AFFILIATES OF YOU OR YOUR AUTHORIZED USERS BASED ON DATA OBTAINED FROM A DEVICE/EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, UTILIZING OR ACTIVATING ANY FEATURE ON YOUR ASSET, DEVICE OR EQUIPMENT THAT MAY IMPACT THE OPERABILITY, PERFORMANCE, AND FUNCTIONING OF YOUR EQUIPMENT.

YOU ARE RESPONSIBLE FOR ANY RISK OF LOSS FOR ANY ITEMS REQUIRED TO COMMUNICATE WITH OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, DUE TO EQUIPMENT FAILURE, THEFT, FIRE, COLLISION, TAMPERING, AND VANDALISM.

THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THE TOU.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE KUBOTA PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OR DISABLING OF DEVICE, EQUIPMENT, AND/OR VEHICLE, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THE TOU OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF KUBOTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION 10 IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THE TOU AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL KUBOTA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO KUBOTA WITHIN THE 12 MONTHS PRIOR TO THE MOST RECENTLY ENDED MONTH FOR YOUR ACCESS OR USE OF THE SERVICE.

THE PRECEDING LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) IN NEW JERSEY OR ELSEWHERE OR IN THE EVENT OF PERSONAL INJURY ARISING SOLELY FROM A KUBOTA PARTY ’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11. Customer Indemnification

UPON OUR REQUEST, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE KUBOTA PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS BROUGHT AGAINST IT BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATED TO YOUR (A) VIOLATION OF THE TOU, OR (B) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHTS. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys ’ fees and costs awarded against or otherwise incurred by Kubota in connection with or arising from any such claim, lawsuit, action, demand or other proceeding. Kubota may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Kubota in asserting any available defenses.

12. Intellectual Property Rights

12.1 You hereby agree and acknowledge that Kubota and its licensors (and as applicable, Third Party Suppliers of any software you may license in connection with the Service) own all right, title and interest in and to all Intellectual Property Rights (defined below) in connection with or relating to the Service and the Sites. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You will have no right, license, or interest therein, expressly or impliedly, except for any license expressly granted herein. Kubota or its licensors, as the case may be, will own all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Kubota, including without limitation assigning (and you hereby assign) to Kubota all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Service or the Site. Notwithstanding the foregoing, Kubota’s Intellectual Property Rights as they pertain to the Data, include only the rights granted to Kubota under Section 5 above.

12.2 You acknowledge that all trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the Service or the Site belong to Kubota or the respective owners of such Marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of those Marks without the express written consent of Kubota or the owner of the Mark, as applicable, is strictly prohibited. Kubota may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Authorized Users who may be infringing the Intellectual Property Rights of others.

13. Suspension, Discontinuation or Cancellation of Service to Customer; Cancellation Fee

13.1 Kubota may suspend your access to the Sites and terminate your right to use the Service without liability, if

(i) you violate the TOU or any other valid agreement with Kubota;

(ii) fail to pay amounts owed when due, (whether due to Kubota directly or to the dealer or distributor);

(iii) the Communications Service through which you are able to access and use the Service terminates your communications service; or

(iv) Kubota has reason to believe that you, your Authorized Users, any of your agents or any third parties are abusing the Service or using it fraudulently or unlawfully.

13.2 Kubota may cancel or terminate your account due to your violation of these TOU or any other valid agreement with Kubota, or your insolvency, bankruptcy (or similar action or proceeding), or your ceasing to do business in the ordinary course, or your failure to notify Kubota of the transfer, sale or disposition of the Equipment. 

14. International

The Service is administered by Kubota from its offices or those of its affiliates or licensors at various locations within in the United States of America and/or Canada. Kubota makes no representation that Services are appropriate or available for use in locations outside the United States or Canada, and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Service or its content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the Service from locations outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.

15. Notices and Electronic Communications

When you visit the Sites or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may update your e-mail address by visiting the location on the Site where you have provided contact information. If you do not provide Kubota with accurate information, Kubota cannot be held liable if it fails to notify you. You may have the right to request that Kubota provide such notices to you in paper format, and may do so by contacting Kubota Tractor Corporation Attention: KubotaNow 1000 Kubota Drive, Grapevine, TX 76051. Any other communications should also be sent to that address.

16. U.S. Government Restricted Rights [Applies only to U.S. Government Licensees]

The Service application, Site and the Services, their content and other materials, are deemed “commercial computer software” and “commercial computer software documentation” pursuant to DFAR Section 227.7202 and FAR Section 12.212 (and any successor sections). Use of the Service and the Site including, but not limited to, its reproduction and display, by the United States of America and/or any of its instrumentalities, regardless of form, is governed by the TOU.

17. Legal Disputes and Mediation

17.1 Initial Dispute Resolution. Please submit any concerns you may have regarding your use of the Sites or the Service to: https://www.kubotausa.com/contact/form. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or mediation.

17.2 Terms of Service and Mediation Agreement. If any dispute should arise between the parties which cannot be resolved through negotiation, the parties shall endeavor to settle the dispute by mediation.  Either party may request in writing that the other party mediate the dispute; such notice shall set forth the subject of the dispute and the relief requested (“Dispute Notice”).  Unless the parties otherwise agree, the mediation shall be conducted by a mediator affiliated with and under the rules of JAMS or the International Institute for Conflict Prevention and Resolution (formerly known as the CPR Institute for Dispute Resolution) (“CPR”).The selection of an organization by the parties shall be made within ten (10) business days after a party requests mediation of a dispute pursuant to this provision.  If an organization/judge and applicable rules have not been agreed upon within such ten (10)-day period, then the dispute shall be mediated by a single neutral chosen by JAMS. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. 

17.3 Class Action Waiver.  The parties further agree that any mediation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or mediator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that a case or mediation can proceed on a class basis, then the mediation provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to mediate disputes.

17.4 Exception – Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through mediation, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

17.5 30 Day Right to Opt Out.  You have the right to opt-out and not be bound by the mediation and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to https://www.kubotausa.com/contact/form  or Kubota Tractor Corporation Attention: KubotaNow Administrator 1000 Kubota Drive, Grapevine, TX 76051.The notice must be sent within thirty (30) days of creation of an account,  otherwise you shall be bound to mediate disputes in accordance with the terms of those paragraphs.  If you opt-out of these mediation provisions, Kubota also will not be bound by them.

17.6  Exclusive Venue for Litigation. Solely to the extent the mediation provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to mediation, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Dallas, Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Dallas, Texas for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Dallas, Texas for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Dallas, Texas over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Sites or Service, and (b) any acts or omissions of any of the Kubota Parties Entities in connection with these Terms or the Sites or Service.  The prevailing party in any dispute or legal action resolved in litigation in court shall be entitled to recover from the other party its reasonable attorneys ’ fees and costs of suit in addition to any other relief granted by the court.

17.7   Timing of Claims.  You must bring any claim you have against Kubota relating to these Terms or the Sites or Service within one (1) year from the date of accrual of the applicable claim.

18. Governing Law

The TOU are governed by and construed in accordance with the laws of the State of Texas and applicable United States federal law, without reference to “conflicts of laws” provisions or principles.

19. General Provisions

These TOU and/or any other valid agreement between you and Kubota for use of the Service, constitute the entire agreement between you and Kubota and govern your use of the Service and Site, superseding any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Kubota with respect to the subject matter hereof. No change, modification, or waiver of the TOU, will be binding on Kubota unless made in writing, with Kubota’s approval. Any rights not otherwise expressly granted under the TOU are reserved by Kubota and its licensors. The failure of Kubota to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Kubota, and the remaining portions shall remain in full force and effect.

20. Official Language

The official language of the TOU is English. For purposes of interpretation, or in the event of a conflict between English and versions of TOU in any other language, the English language version shall be controlling.

Effective Date: June 29, 2020