Conditions of Use
Welcome to T.H.E. Company. the-co.com and its affiliates provide their
services to you subject to the following conditions. If you visit or shop
at the-co.com, you accept these conditions. Please read them carefully.
In addition, when you use any current or future the-co.com service (e.g.,
Part Finder, used locator, Auctions, and tech forum) or visit or purchase
from any business affiliated with T.H.E. Company, whether or not included in
the the-co.com Web site, you also will be subject to the guidelines and
conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to the-co.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the-co.com or send e-mails 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of T.H.E. Company or its content suppliers and
protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of T.H.E. Company and
protected by U.S. and international copyright laws. All software used on
this site is the property of T.H.E. Company or its software suppliers and
protected by United States and international copyright laws.
TRADEMARKS
T.H.E. Company, Tom Hassenfritz Equipment Company and any logos &
graphics used on the T.H.E. Company website is the property of T.H.E.
Company and protected under international copyright laws and may not be used
without written permission from T.H.E. Company. Trademarks not
property of T.H.E. Company are property of their respected owners and cannot
be used without their owners permission. These include but are not
limited to John Deere Logos, and other manufacturer logos.
LICENSE AND SITE ACCESS
T.H.E. Company grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of T.H.E. Company.
This license does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant; or
any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of T.H.E. Company. You
may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or
form) of T.H.E. Company and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing T.H.E.
Company's name or trademarks without the express written consent of T.H.E.
Company. Any unauthorized use terminates the permission or license granted
by T.H.E. Company. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of T.H.E. Company so long as
the link does not portray T.H.E. Company, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any T.H.E. Company logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities
that occur under your account or password. T.H.E. Company does sell products
for children, but it sells them to adults, who can purchase with a credit
card. If you are under 18, you may use T.H.E. Company only with involvement
of a parent or guardian. T.H.E. Company and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
T.H.E. Company reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant T.H.E. Company and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant T.H.E. Company and its affiliates and sublicensees the right to use
the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that use
of the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify T.H.E. Company
or its affiliates for all claims resulting from content you supply. T.H.E.
Company has the right but not the obligation to monitor and edit or remove
any activity or content. T.H.E. Company takes no responsibility and assumes
no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
T.H.E. Company and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from T.H.E. Company are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to
you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
T.H.E. Company and its affiliates attempt to be as accurate as possible.
However, T.H.E. Company does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by T.H.E. Company itself is not as
described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on
our website represents the full retail price listed on the product itself,
suggested by the manufacturer or supplier, or estimated in accordance with
standard industry practice. The List Price is a comparative price estimate
and may or may not represent the prevailing price in every area on any
particular day. For certain items that are offered as a set, the List Price
may represent "open-stock" prices, which means the aggregate of the
manufacturer's estimated or suggested retail price for each of the items
included in the set. Where an item is offered for sale by one of our
merchants, the List Price may be provided by the merchant.
With respect to items sold by T.H.E. Company, we cannot confirm the price
of an item until you order; however, we do NOT charge your credit card until
after your order has entered the shipping process. Despite our best efforts,
a small number of the items in our catalog may be mispriced. If we discover
a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will
charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will,
at our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY T.H.E. COMPANY ON AN "AS IS" AND "AS AVAILABLE"
BASIS. T.H.E. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, T.H.E. COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
T.H.E.COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM T.H.E.COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
T.H.E.COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the-co.com, you agree that the laws of the state of Iowa,
without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you
and T.H.E.Company or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to the-co.com or to
products you purchase through T.H.E. Company shall be submitted to
confidential arbitration in Mt Pleasant, Iowa, except that, to the extent
you have in any manner violated or threatened to violate T.H.E. Company
intellectual property rights, T.H.E. Company may seek injunctive or other
appropriate relief in any state or federal court in the state of Iowa, and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also
govern your visit to T.H.E.Company. We reserve the right to make changes to
our site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
OUR ADDRESS
- T.H.E. Company, Inc.
- 1300 W Washington St
- Mt Pleasant, IA 52641
- http://www.the-co.com