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Terms and Conditions  

Last Updated: October 11, 2023

These Terms and Conditions (“Terms”) are by and between Loftness Specialized Farm Equipment, Inc., together with its affiliates, subsidiaries and related entities (“Loftness”, “we”, “us”, “our”, or similar) and you, and govern your access and use of this website (“Site”)

“You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Site (“Organization”). By accessing or using the Site, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.

By: (i) accessing or using the Site, (ii) submitting a Purchase (defined below), or (iii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. You also agree to bind the Organization on whose behalf you are accessing or using the Site. If you do not want to agree to these Terms, you must not access or use the Site.

THESE TERMS CONTAIN A CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL; PLEASE REVIEW THESE TERMS CAREFULLY.

You understand that we reserve the right to change or amend these Terms from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Site. You acknowledge and agree that your continued access and use of the Site following such changes shall be deemed acceptance by you of any new or amended provisions of these Terms.

By accessing or using the Site, and/or authorizing the use of the Site by another individual, you represent and warrant that you are 18 years of age or older and otherwise meet all of the requirements contained herein to enter into these Terms. If you do not meet all of these requirements, you must not access or use the Site. Those who choose to access the Site from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.

  1. PRIVACY POLICY.
    Your access and use of the Site, including your creation of an account with Loftness, is subject to the Loftness Privacy Policy. Please carefully review our Privacy Policy. You agree that the collection, use, and disclosure of your information is governed by the Loftness Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Loftness Privacy Policy.
  2. PAYMENT METHOD.
    In order to purchase a product via our Site (“Purchase”), you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and email. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with the purchase of any product and that you have all authority necessary to purchase a subscription using the credit card or payment mechanism that you submit. By submitting such information, you grant Loftness the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that Loftness is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
  3. LIMITED WARRANTY; ADDITIONAL PURCHASE TERMS.
    1. Limited Warranty. The products available for purchase through this Site may be covered under a limited warranty. If applicable, and within Loftness’s sole discretion, Loftness may repair or replace a part purchased through this Site if, within six (6) months of purchase, you contact Loftness by calling 1-800-828-7624 or emailing us at parts@loftness.com. Your claim must include a copy of your receipt of purchase, as well as a detailed description and photo of the issue. Labor is not covered for any replacement issued. Mileage and freight charges or costs are not claimable as part of this warranty. If a repair or replacement is not feasible, you may be issued a credit after inspection of the affected part(s). This limited warranty is void as against and provides no coverage for general wear and tear or maintenance items, misuse, environmental conditions or contamination for which the part was not designed or not intended, including but not limited to the following items: (a) Use of machine beyond its rated capacity; (b) Improper knife replacement; (c) Missing knives; (d) Striking foreign objects; (e) Lack of lubrication; (f) Failures caused by running in an “out-of-balance” condition; bearing failures; (g)  Tires; (h) Conveyors; (i) Auger wear; (j) Saw blades; and (k) Brakes and brake pads. No warranty is offered or available for any used or refurbished products.
    2. Shipping and Delivery. At this time, Loftness ships products to locations within the United States and U.S. territories. Additionally, Loftness ships products to Canada. Shipments to other international locations can be facilitated by calling us at 1-800-828-7624. The risk of loss and title for all products ordered on this Site pass to you when the product is delivered to the shipping carrier. Contact the applicable shipping carrier to learn more about the status and terms of any shipment.
    3. International. Customs and import duties may be applied to international orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your customs office to verify whether the country to which you are shipping permits the shipment of your products. Loftness is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
    4. Sales tax. Customs and import duties may be applied to international orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your customs office to verify whether the country to which you are shipping permits the shipment of your products. Loftness is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper payment of sales tax.
    5. Payment and Return Policy. Loftness reserves the right to change its payment procedures at any time without prior notice to you. Return requests will be reviewed by Loftness on a case-by-case basis and no item may be returned without prior written approval by Loftness. Loftness reserves the right to deny any return request submitted for any reason. In the event that Loftness approves your return, you will receive a replacement, credit, or a refund depending on the circumstances of the return.
  4. PRODUCT DESCRIPTIONS.
    Although the information on this Site is accessible worldwide, not all products discussed in this Site are available to all persons or in all geographic locations or jurisdictions. Loftness and the advertisers each reserve the right to limit the provision of their products to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product made in the materials on this Site is void where prohibited. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. We reserve the right at any time and without notice to update product information and to correct or remove product-related errors, inaccuracies, or omissions. Loftness shall at its sole discretion have the right at any time to refuse or cancel any order for a product whose listing in the Site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your payment card has been charged for the purchase, Loftness will issue a credit to your payment card in the amount of the charge. Loftness is not responsible for changes or variations in product specifications or physical appearance. Loftness may rely on third parties, such as a manufacturer, to communicate these differences to Loftness. Consequently, Loftness will not be held responsible for product revision changes. The documentation included with any products does not form a part of this agreement.
  5. LICENSE GRANT.
    Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, personal right to access and use the Site, solely and strictly in accordance with these Terms for lawful, non-commercial purposes. You understand and agree that the Site is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Site under these Terms. You are not in any way authorized by the license granted hereunder, or these Terms, to exploit the Site to compete with Loftness’s business. 
     
  6. CREATING AN ACCOUNT. 
    In order to access the Site, you may be required to create an account with Loftness that may include choosing an account name and setting a password. When you do so, the information you provide Loftness must be accurate, complete and up to date. When registering with Loftness, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your user account, you may not have access to or be able to view or use all of the functions or features of the Site.
  7. ACCOUNT SECURITY.
    You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Loftness using the “Contact Us” details below. You will be held liable for losses incurred by Loftness, or any other user of the Site, due to someone else using your Loftness password or account. You shall not use anyone else’s Loftness password or account at any time. Loftness cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
  8. ACCESSING THE SITE.
    From time to time, we may restrict users’ access to some parts of the Site. Loftness makes no guarantees regarding uptime, availability, or access to the Site.  You are responsible for: (i) making all arrangements necessary for you to have access to the Site, including your internet connection and internet stability; and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them. We may block, limit or terminate your access to the Site if: (i) you violate these Terms; (ii) you violate any applicable law, rule, or regulation relating to your use of the Site; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, defamatory, or otherwise harmful to us or others; or (iv) you breach any other agreement with us or any other person.
  9. LOFTNESS INTELLECTUAL PROPERTY.
    You acknowledge that, as between you and Loftness, Loftness owns all right, title, and interest, including all intellectual property rights, in and to the Site, including all software, hardware, firmware, and derivatives of the same, and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, name, image, and likeness, and trademarks. Loftness’s names and logos and all related product and service names, design marks, and slogans, including LOFTNESS, are the trademarks or service marks of Loftness. All rights are reserved. You are not authorized to use any Loftness name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Loftness. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Site are the property of their respective owners. The entire contents and design of the Site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on or in the Site, including any and all technology, code, or design related to the Site, are either owned by Loftness, are licensed to it, or are used with permission. Loftness and its licensors, vendors, or other service providers retain and reserve all intellectual and proprietary rights to the Site.  The Site is only for your personal use. You are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Loftness or the intellectual property holder is prohibited. Please use the contact information below if you desire such permission or need more information.
  10. PROHIBITED USES AND CONDUCT.
    You may use the Site only for lawful purposes and in accordance with these Terms.

    You agree not to use the Site: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, facilitating harassment, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in these Terms or published in connection with the Site; (iv) to impersonate or attempt to impersonate Loftness, a Loftness employee, another user, or any other person or entity; or (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Loftness or users of the Site, or expose them to liability.

    You agree not to, and will not permit any third party to: (i) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring, scraping, or copying any of the material on the Site; (ii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) introduce to the Site or any Loftness system any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, any Loftness accounts, the servers on which the Site is hosted or stored, or any server, computer, or database connected to the Site.

    You are solely responsible for any liability associated with your use of the Site. You shall not, and are not authorized to, use the Site in any manner that violates any person’s rights or any applicable law.
  11. USER CONTENT.
    In submitting any content, information, or data (“User Content”) to the Site, you grant Loftness and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, sublicensable, transferable, perpetual, worldwide, royalty-free license to use, display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Site, exercising our rights or obligations under these Terms, or any other use described in our Privacy Policy.

    You also acknowledge and agree that Loftness does not control any user’s acts or omissions, or User Content submissions. We disclaim all warranties and liabilities for User Content. We are not responsible for any action taken by any third party with respect to your User Content.

    You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above and that all of your User Content does and will comply with all applicable laws, rules, and regulations, and these Terms.

    User Content must not:
    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
    5. Be likely to deceive any person.
    6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    9. Give the impression that it emanates from or is endorsed by Loftness or any other person or entity, if this is not the case.
    10. Criticize Loftness, the Site, or any Loftness operational partner.
  12. FEEDBACK. Loftness may solicit your feedback regarding your experience accessing or using the Site. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience using our products or accessing or using the Site, including without limitation any suggestions or recommendations regarding the Site’ features or functionality, including any improvements (“Feedback”) may be used by Loftness without any obligation, limitation, attribution, or compensation to any party. You hereby assign to Loftness all right, title, and interest, including intellectual property rights, in and to any ideas, inventions, know-how, concepts, techniques, or other concepts contained in the Feedback. For clarity, Feedback does not include User Content.
  13. FUNCTIONALITY AND UPDATES. Loftness reserves the right to change, suspend, or discontinue any aspect of the Site at any time, including availability of a feature, database, or content.  We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
  14. THIRD-PARTY SITES AND LINKS. Loftness makes reasonable efforts to determine that other website owned or operated by third parties accessible via the Site (collectively, “Third-Party Websites”) are active and appropriate at the time the links to such Third-Party Websites are placed in the Site. Loftness has no control over, and assumes no liability for, the continued existence of, or the material available on, any Third-Party Website. Should you discover that any link in the Site references a Third-Party Website that is no longer active or that contains inappropriate or irrelevant information, please notify us by sending an e-mail message to the address listed below. Links from the Site to Third-Party Websites do not constitute or imply an endorsement, sponsorship, or recommendation by Loftness or any of its subsidiaries or affiliates of the third party, the Third-Party Website, or the resources, information, or content contained therein. Loftness does not endorse or warrant, and is not responsible or liable for, any such Third-Party Website or the content thereon. Please review the applicable third party’s terms and conditions and privacy policy when interacting with or using any Third-Party Website.
  15. CONSENT TO DOING BUSINESS ELECTRONICALLY. You hereby agree that we may deliver all notices, disclosures, documents, reviews, analyses, or other materials, and any and all other documents, information, and communication concerning you or Loftness by means of email or by posting in the Site or by other means of electronic communication. Considering Loftness operates principally on the internet, by accessing the Site, you hereby consent to transact business electronically and to receive electronically all disclosures, documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations, or services under these Terms or any other agreement between you and Loftness.
  16. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Loftness and its affiliates, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your breach or violation of any representations, warranties, covenants, obligations, or other provisions set forth in these Terms, your breach of applicable laws in connection with your use of the Site, your failure to fulfill any obligations relating to your use of the Site, or your account, incurred by you or any other person using your account, including, but not limited to, any failure on your part to provide or update full and complete information in connection with your registration with the Site. We reserve the right, but not the obligation, to take over the exclusive defense and control of any claim for which we are entitled to indemnification under these Terms. In such event, you hereby agree to cooperate and help us in asserting any defenses to such claims.
  17. WARRANTY DISCLAIMERS. Loftness disclaims any and all liability for the acts, omission, and conduct of any users or third parties in connection with or related to your use of the Site. Users are completely responsible for their use of the Site. Users’ sole remedy against Loftness for dissatisfaction with the Site or any content is to stop using the Site or any such content at once. This limitation of relief is a part of the bargain between the parties. THE SITE MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. UNLESS OTHERWISE EXPRESSED, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND LOFTNESS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE IS ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  18. LIMITATION OF LIABILITY. IN NO EVENT WILL LOFTNESS OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES; OR (vi) DAMAGE OR INJURY TO PERSON OR PROPERTY, IN EACH CASE REGARDLESS OF WHETHER LOFTNESS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.  IN NO EVENT WILL LOFTNESS’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF: (i) THE TOTAL FEES PAID BY YOU TO LOFTNESS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE-HUNDRED DOLLARS ($100).
  19. GOVERNING LAW. These Terms shall be construed and governed in accordance with the laws of the State of Minnesota, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms shall be brought in the federal or state courts located in the State of Minnesota. You hereby agree to personal jurisdiction and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
  20. CLASS ACTION WAIVER; WAIVER OF JURY TRIAL.
    THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

    EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

    Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Loftness products) must be commenced within one (1) year after the claim or cause of action arises.
  21. TERMINATION OF USE. You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Site without notice if we suspect illegal, fraudulent, or abusive activity. Such activity (including your personal information) may be referred to appropriate law enforcement authorities. Upon suspension or termination of these Terms, your right to access or use the Site will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, in accordance with these Terms.
  22. GEOGRAPHIC LOCATION. Loftness is based in the United States and our offering of the Site is not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Site may result in the transfer of your information to servers located in the United States. If you access the Site from outside of the United States, you consent to all such transfers. You also do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Site or any of its content complies with any laws outside of the United States.
  23. MISCELLANEOUS.
    These Terms and the Privacy Policy constitute the sole and entire agreement between you and Loftness regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.

    It is expressly agreed that Loftness and all users shall be independent contractors of each other and that the relationship between the parties shall not constitute a partnership, joint venture or agency. Neither Loftness nor any user shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.

    In addition to these Terms, you may enter into other agreements with us that will govern your use of the Site. If there is any contradiction or conflict between these Terms and another agreement you enter into with us applicable to the Site, the other agreement shall take precedence in relation to the specific aspects of the Site governed by such agreement.

    If any part, term, or provision of these Terms is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms did not contain the particular part, term, or provision held to be illegal or invalid.

    The provisions of these Terms shall survive any expiration or termination of these Terms or completion of any services hereunder to the extent necessary or appropriate to carry out the intent of such provisions.

    We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

    The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
  24. CONTACT US.
    If you have questions regarding these Terms or the Site, please contact us by e-mail at parts@loftness.com or by using the contact information provided below:

    Loftness Specialized Farm Equipment, Inc.
    650 South Main Street
    PO Box 337
    Hector, MN 55342

    1-800-828-7624